Agenda packet — Bell Gardens City Council, August 12, 2024 (part 1 of 3)

CITY OF BELL GARDENS

CITY COUNCIL / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION

JOINT MEETING
MONDAY, AUGUST 12, 2024, 6:00 PM
AGENDA
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 The meeting will be held at BeII Gardens City Hall in the Council Chambers. The public may attend the meeting in -person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than 72 -hours before a regular meeting or 24 -hours before a special meeting.

PUBLIC PARTICIPATION: For Regular Meetings, the public may address the City Council / Agency Members on any item listed on the Regular Meeting Agenda and matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments for non -agenda items will be limited to a total of 30 minutes. For Special Meetings, the public may only speak on items listed on the agenda. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments can be made by any of the following ways:

IN -PERSON: Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council / Agency Members should do so by submitting a "Public Comment Card" prior to the meeting.

BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting I D: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., BeII Gardens, CA 90201. To ensure distribution to the

members of the City Council / Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council / Successor Agency and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

PUBLIC HEARING: Public participation will be separately called for the public to provide comments at the time of each public hearing item. Speakers who wish to provide a comment should do so by submitting a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment period.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS
Jorge) Chavez, Council Member/Agency Member
Maria Pulido, Council Member/Agency Member
Francis De Leon Sanchez, Council Member/Agency Member
Marco Barcena, Mayor Pro Tem / Vice Chair
Gabriela Gomez, Mayor / Chair

PRESENTATIONS
• CERTIFICATE OF RECOGNITION TO TOASTMASTERS DYNAMIC
FORCEMASTERS CLUB 587 FOR THE DESIGNATION OF THE PRESIDENT'S

DISTINGUISHED CLUB
• PROCLAMATION FOR PURPLE HEART DAY
• PROCLAMATION FOR NATIONAL FENTANYL PREVENTION AND AWARENESS DAY PUBLIC HEARING (Item Nos. 1 -2)

1. INTRODUCTION OF ORDINANCE NO. 948 TO AUTHORIZE A DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS, BG FLOWER, LLC AND 7601 EASTERN, LLC RELATING TO THE PROPERTY LOCATED AT 7601

EASTERN AVENUE IN THE CITY OF BELL GARDENS
Waive full reading and introduce Ordinance No. 948, by title only, approving the proposed Development Agreement No. 2024-054 for a cannabis retail storefront at 7601 Eastern Avenue.

Recommendation:

It is staffs recommendation that the City Council waive full reading and introduce Ordinance No. 948, by title only, approving the proposed Development Agreement No. 2024-054 for a cannabis retail storefront at 7601 Eastern Avenue.

2. CONSIDERATION OF ORDINANCE NO. 949 ADOPTING A MILITARY EQUIPMENT USE 2 POLICY AS REQUIRED BY ASSEM BLY BILL 481
The proposed Ordinance No. 949 adopts a policy for Bell Gardens Police Department ("Department") in compliance with Assembly Bill 481 (Chiu) ("AB 481") to address the funding, acquisition, and use by the Department of items deemed "military equipment" by lawmakers. The policy meets the law's requirements by listing the Department's inventory of military equipment; outlining a process for the public to submit questions, concerns, and complaints in relation to the use of each type of equipment; providing for the preparation of an annual report subject to City Council review and approval; and establishing a webpage for updates and the posting of annual reports.

Recommendation:

It is staff's recommendation that the City Council waive the full reading and introduce Ordinance No. 949 by title only, adopting a Military Equipment Use Policy in accordance with state law.

PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY
During this time, the members of the public may address the City Council / Successor Agency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30 -minute period for non -agenda items.

Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
During this time, the members of the public may address the City Council /Agency Members regarding any items listed on the agenda. Public comments are limited to 3 minutes per person.

CITY MANAGER'S REPORT
CONSENT CALENDAR (Item Nos. 3 - 12)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.

Items called for separate discussion will be heard as the next order of business.

3. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staffs recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

4. APPROVAL MINUTES OF JULY 22, 2024, CITY COUNCIL CLOSED SESSION AND CITY/

SUCCESSOR AGENCY JOINT MEETING
Approve the minutes of the July 22, 2024 City Council Closed Session and City/Successor Agency Joint Meeting.

Recommendation:
3 It is staff's recommendation that the City Council approve the minutes of the July 22, 2024 City Council Closed Session and City/Successor Agency Joint Meeting.

5. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staffs recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 06/27/2024, 07/02/2024, 07/08/2024, 07/09/2024, 07/11/2024 and 07/16/2024.

6. WARRANT REGISTER SUCCESSOR AGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the Successor Agency should state that each individual member of the Successor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency Member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 07/02/2024.

7. SECOND READING AND ADOPTION OF ORDINANCE NO. 943 AMENDING CHAPTER

9.04 (DEFINITIONS), CHAPTER 9.12 (COMMERCIAL ZONES), CHAPTER 9.14 (INDUSTRIAL ZONE), CHAPTER 9.20 (SPECIAL USES AND APPLICABLE STANDARDS), AND CHAPTER 9.38 (PARKING AND LOADING [OFF STREET]) OF TITLE 9 (ZONING AND PLANNING REGULATIONS) OF THE BELL GARDENS

MUNICIPAL CODE TO REGULATE VEHICLE PARKING AND STORAGE FOR

AUTOMOBILE REPAIR USES
Second reading and adoption of Ordinance No. 943, amending Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code to regulate parking for automobile repair facilities.

Recommendation:

It is staff's recommendation that the City Council waive full reading and adopt Ordinance No. 943 to amend Chapter 9.04 (Definitions), Chapter 9.12 (Commercial Zones), Chapter 9.14 (Industrial Zone), Chapter 9.20 (Special Uses and Applicable Standards), and Chapter 9.38 (Parking and Loading [Off Street]) of Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code (BGMC) to regulate off-street vehicle parking and storage for automobile repair uses. 4 8. SECOND READING AND ADOPTION OF ORDINANCE NO. 945 TO AUTHORIZE A

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS,

STIIIZY BELL GARDENS, LLC AND EASTERN GAGE, LLC RELATING TO THE PROPERTY LOCATED AT 5726 GAGE AVENUE IN THE CITY OF BELL GARDENS Second reading and adoption of Ordinance No. 945 authorizing the City to enter into, and execute, a development agreement for a cannabis retail use in exchange for public benefits.

Recommendation:

It is staff's recommendation that the City Council waive full reading and adopt Ordinance No. 945 to approve the proposed Development Agreement (DA) No. 2023-077 for a cannabis retail storefront at 5726 Gage Avenue.

9. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN AND ASSOCIATES, INC. FOR THE PREPARATION OF A TRANSIT ORIENTED

COMMUNITY SPECIFIC PLAN AND ZONING CODE UPDATE
Consideration of a resolution to approve a professional service agreement with Kimley-Horn and Associates, I nc. for consultation on the preparation of the Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update.

Recommendation:

It is staff's recommendation that the City Council adopt the attached resolution approving a Professional Services Agreement with Kimley-Horn and Associates, Inc. for the preparation of the Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update.

10. CONSIDERATION OF RESOLUTION APPROVING GRANT AGREEMENT NO. 17869

WITH THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
The Bell Gardens Police Department applied for and was awarded the FY24/25 CTFGP Law Enforcement — Bell Gardens Police Department Grant in the amount of $101,498.70. The grant requires that the City Council formally accept these funds by executing Grant Agreement No. 17869.

Recommendation:

It is staff recommendation that the City Council adopt the attached Resolution approving Grant Agreement No. 17869 with the Department of California Highway Patrol, thereby accepting grant funds.

11. ACCEPTANCE OF THE PURCHASE AND INSTALLATION OF NEW POLE LED LIGHTING AT JOHN ANSON FORD PARK (CIP NO. 3932) AS COMPLETE Consideration of acceptance of the Purchase and Installation of New Pole Led Lighting at John Anson Ford Park as complete.

Recommendation:

It is staff's recommendation that the City Council:

1. Accept the Purchase and Installation of New Pole LED Lighting at John Anson Ford Park as complete; and

2. Authorize staff to file the Notice of Completion.

12. CONSIDERATION OF A RESOLUTION APPROVING A MEASURE A ANNUAL

ALLOCATION GRANT AGREEMENT WITH THE LOS ANGELES COUNTY REGIONAL

PARK AND OPEN SPACE DISTRICT
5 Consideration of a Resolution approving an Allocation Grant Agreement with the Los Angeles kagmaiaggiJPnark and Open Space District for Measure A grant funds.

It is staff's recommendation that the City Council adopt the attached Resolution approving an Allocation Grant Agreement with the Los Angeles County Regional Park and Open Space District for annual Measure A grant funds.

DISCUSSION (Item Nos. 13 - 15)

13. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.

Recommendation:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

14. CONSIDERATION OF FRANCHISE AGREEMENT FOR POLICE ORDERED TOWING

AND STORAGE SERVICES
On June 4, 2024, a notice for a Request for Proposal for a Non -Exclusive Franchise Agreement for Towing and Storage services was released. Three (3) proposals were received.

Police Department Staff evaluated each proposal and provided a grading based on certain criteria spelled out in the Request for Proposals. In addition to reviewing each of the submitted proposals, Staff from the Police Department conducted on -site visits, which allowed Staff to confirm that the proposers adhered to requirements listed in the Request for Proposals and that the information listed in their respective proposals was true and correct.

Recommendation:

It is staff recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a Non -Exclusive Franchise Agreement for vehicle towing and storage services with the selected Vendor, subject to approval by City Attorney.

15. AQUATICS CENTER PROJECT UPDATE -AUGUST 2024
This item provides an update on the progress of the John Anson Ford Park Regional Aquatics Center Improvements.

Recommendation:

It is staffs recommendation that the City Council:

1. Receive and file the John Anson Ford Park Regional Aquatics Center Improvements update; and

2. Direct staff to proceed with Finance Option #1.

CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS

ADJOURNMENT
Daisy Gomez, City Clerk
Agenda posted on August 8, 2024.
6 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 1.

TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Gustavo Romo, Deputy City Manager/Director of Community Development INTRODUCTION OF ORDINANCE NO. 948 TO AUTHORIZE A DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS, BG FLOWER, LLC AND 7601 EASTERN, LLC RELATING TO THE PROPERTY LOCATED AT 7601

EASTERN AVENUE IN THE CITY OF BELL GARDENS
DATE: August 12, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council waive full reading and introduce Ordinance No. 948, by title only, approving the proposed Development Agreement No. 2024-054 for a cannabis retail storefront at 7601 Eastern Avenue.

BACKGROUND/DISCUSSION:

BG Flower, LLC (Applicant) proposes to establish a cannabis retail use storefront (Project) at 7601 Eastern Avenue, Suite A (Subject Site). The Project would include the construction of a 7,678.2 square -foot (SF) commercial planned development, as well as a modification of a side yard setback requirement and operation of a cannabis retail use in a commercial suite 1,821 square feet (sf) in size. The Subject Site is located within the Regional Commercial (RC) General Plan Land Use Element designation and within the Heavy Commercial (C-4) Zone. The RC Land Use designation and Zone C-4 refer to commercial activity in the City. The areas within the zone and element designation were designed for regional attraction, primarily located at (or near) the intersection of Florence and Eastern Avenues with access to the I-710 highway.

At the regularly scheduled Planning Commission meeting of July 17, 2024, the Planning Commission determined with a 3-0-2 vote that the Project was categorically exempt from CEQA, approved CUP No. 2024-054 (Resolution No. #PC 2024-018) and recommended to the City Council approval of Ordinance No. 948 (Resolution No. #PC 2024-019) to authorize the entering into and execution of Development Agreement No. 2024-054 (DA). The adopted CUP conditions of approval require that the operation of the cannabis retail use follow the requirements of the City and California Department of Cannabis Control (DCC) and address any potential compatibility concerns.

Development Agreement
A development agreement is a tool that allows developers to establish assurances and certainty with respect to what rules, regulations, and policies would apply to a project in return for public benefits to the City in the form of capital improvements, monetary contributions, and other obligations.

The City Council's legislative action on a development agreement ordinance could facilitate the orderly development 7 of sites within City limits, promote shared goals and vision, protect natural resources from adverse impacts, provide community benefits, and reduce economic risk for all stakeholders.

On June 12, 2023, the City Council adopted Resolution No. 2023-043, which established procedures and minimum terms for the negotiation of a development agreement for a cannabis retail use, which are consistent with or supplement the requirements set forth in Government Code ection 65864 et seq. (Development Agreement Procedures). Among the requirements to enter into a development agreement with the City, include required findings; cost recovery provisions; annual review; default, cure, modification, and termination procedures. The Development Agreement Procedures require that 80% of the monetary value of the public benefits shall be dedicated to youth and educational programming and resources for the City's housing programs. Additionally, the Development Agreement Procedures dictate that the City Manager, Community Development Director, and City Attorney shall negotiate the terms of the development agreement prior to presenting them to the Planning Commission and City Council. However, the City Council has the ultimate authority on the terms of a development agreement, so long as they are consistent with the City's Development Agreement Procedures.

Community Benefits
As proposed, DA No. 2024-054 would require the Applicant to provide an annual community benefit in the amount of One Hundred Thousand Dollars ($100,000) upon the effective date for DA No. 2024-054 and renewed on an annual basis, every January (Annual Community Benefit). The Applicant would also be required to pay a quarterly community benefit in the amount that is equivalent to seven percent (7%) of gross receipt sales on a quarterly basis (Quarterly Community Benefit) (Annual Community Benefit and Quarter Community Benefit are hereinafter collectively, Community Benefit Fees). The rate of the Quarterly Community Benefit is based on gross receipts, as defined in the DA (Gross Receipts).

Pursuant to the Development Agreement Procedures, 80% of all community benefits would be dedicated toward youth and educational programming and resources for the City's housing programs. Benefits for youth and educational programming would be dedicated to the City's Recreation and Community Services Department and be utilized for, but not limited to, youth programming, after -school programs, sports programming, personal enrichment classes, or capital improvements on City -owned properties; and community benefits for the City's housing programs would be dedicated toward the Community Development Department and would be utilized for housing programming and long-range planning, including but not limited to affordable housing, rent stabilization and tenant protection efforts, and other land use planning efforts.

The conditions of approval for CUP No. 2024-054 are expressly incorporated into the terms of DA No. 2024-054.

These conditions outline specific requirements and timelines for the development of the retail storefront facility to help ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable. In addition, the DA would provide the Applicant with assurances that would enable the Project to exist for a term of up to 10 years in exchange for public benefits.

Adoption of an ordinance and approval of a development agreement would be justified by the legal protections and facilitated approval processes afforded by the DA. Financial stability could also be helped since the DA outlines financial commitments to help ensure long-term viability of the cannabis retail use operation and provide a stable revenue stream for the City.

Conditional Use Permit
The conditions of approval for CUP No. 2024-054 clearly outline specific conditions, requirements, and timelines for the development of the retail storefront facility to help ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable. These conditions are expressly incorporated into the terms of Ordinance No. 948 (DA No. 2024-054).
8 General Plan Consistency
The Subject Site carries a General Plan Land Use Element Designation of Regional Commercial (RC). The RC Land Use Designation refers to an area that is at the hub of commercial activity in the City and has been designed for regional attraction, primarily located at (or near) the intersection of Florence and Eastern Avenues with access to the I-710 highway.

Policy 3 of the General Plan's Land Use Element promotes compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization of commercial areas in the City. The Project proposes to comply with the applicable development standards and locational siting requirements to enhance the economic viability of the surrounding commercial areas and would be consistent with Policy 3.

Policy 5 of the General Plan's Land Use Element emphasizes the provision of an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses. The introduction of a cannabis retail use would promote an economic diversity of the City's commercial zones and provide local employment opportunities while still regulating existing businesses and would, therefore, be consistent with Policy 5.

Zoning Consistency
The corresponding zone for the RC Land Use Designation is Zone C-4 (Heavy Commercial). Zone C-4 conditionally permits the cannabis retail use, subject to certain siting requirements and development standards.

Consistency with Development Standards
The Planning Commission determined that the Project complied with development standards contained in Chapter

9.12 (Commercial Zones) and Chapter 9.48 (Eastern and Florence Avenues Facade Design Standards) of the Bell Gardens Municipal Code (BGMC) as detailed in the July 17, 2024 staff report of the Planning Commission and through the Planning Commission's adoption of Resolution #PC 2024-018, inclusive of locational siting requirements found in BGMC Section 9.20.160(A) and is located more than 500 feet from any existing cannabis retail use and more than 600 feet away from any daycare, park, or youth center, as defined by the BGMC.

Signage
No request for a sign permit in the request. Pursuant to the BGMC and Condition of Approval No. 23, the Applicant would be required to submit an application with updated site and elevation plans to depict compliance with the requirements found in Chapter 9.20 (Signs) and Chapter 9.48 (Eastern and Florence Avenues Facade and Design Standards) of the BGMC prior to placing signage at the Subject Site.

Lighting, Odor Mitigation, and Security Plans
BGMC Chapter 5.64 requires a cannabis retailer to comply with specific operating standards, inclusive of a requirement to implement and comply with a Lighting Plan, Odor Mitigation Plan, and Security Plan, which are submitted as a part of the Business Regulatory Permit application process. Failure to comply with these plans may subject an operator to enforcement actions such as suspension or revocation of a Business Regulatory Permit.

ENVIRONMENTAL REVIEW:

In accordance with the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), Ordinance No. 948 was determined to be exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption).

CONCLUSION:
9 The DA is designed to facilitate ongoing communication and collaboration between the Applicant, who would be the licensee, and the local community addressing concerns and ensuring the retail storefront aligns with community values and interests by requiring the Applicant to submit evidence of compliance with all terms and conditions to the City on an annual basis. Balance would be promoted with the operational flexibility built into the DA addressing unforeseen challenges or changes in circumstances, allowing for adjustments as needed through City Council approval. Compliance with the DA and its terms and conditions will be subject to an annual review, whereby if the City determines that the Applicant is in noncompliance status with the DA, the City may modify or terminate the DA.

Adoption of Ordinance No. 948 and execution of the proposed DA would ensure vested development rights in exchange for community benefits dedicated to revenue for youth programs, housing and homelessness issues, and other discretionary items. Therefore, staff recommends adoption of the propose ordinance and approval of the proposed development agreement, which would permit a cannabis retail use at the Subject Site for an initial five (5) - year term, subject to an option to extend the term for an additional five (5) years, for a total ten (10) -year term.

FISCAL IMPACT:

If Ordinance No. 948 is approved, the Applicant would be required to make an up -front payment of $100,000 upon the effective date of the DA and renew the contribution annually following the execution of the DA, every January.

The Applicant would also be required to make quarterly contributions equal to seven percent (7%) of gross receipts, on a quarterly basis. Pursuant to the DA terms, 80% of these funds would be dedicated to the City's youth and recreational programming and the City's housing programs. Under the DA, the Applicant would also be responsible for the cost of staff time spent on the negotiation and preparation of a development agreement and monitoring activities to ensure compliance with the DA, CUP, BGMC, and other applicable laws and regulations.

ATTACHMENTS:

Exhibit 1 — Ordinance No. 948 (Development Agreement No. 2024-054) Exhibit 2 — Development Agreement No. 2024-054
Exhibit 3 — July 17 Planning Commission 2024-054 Staff Report and Exhibits Exhibit 4 — Resolution No. #PC 2024-018
Exhibit 5 — Resolution No. #PC 2024-019
Exhibit 6 — 500 -foot Radius Map
Exhibit 7 — 600 -foot Radius Map
Exhibit 8 — 1,500 -foot Radius Map
Exhibit 9 — Public Hearing Notice
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 10 ORDINANCE NO. 948

AN ORDINANCE AUTHORIZING THE EXECUTION OF A

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BELL
GARDENS, BG FLOWER, LLC AND 7601 EASTERN, LLC RELATING
TO THE PROPERTY LOCATED AT 7601 EASTERN AVENUE IN THE

CITY OF BELL GARDENS
WHEREAS, the City of Bell Gardens ("City:) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, the City Planning Commission adopted Resolution #PC 2024-19 and recommended to the City Council the approval of Development Agreement No. 2024-054 by and between the City, BG Flower, LLC ("Applicant"), and 7601 Eastern, LLC ("Property Owner"), which is incorporated herein by reference; and WHEREAS, after proper notice was provided, the Planning Commission and City Council conducted duly noticed public hearings on this matter; and WHEREAS, pursuant to California Government Code Section 65864 et seq. and Resolution No. 2023-043 ("Development Agreement Procedures"), the Planning Commission transmitted to the City Council its findings and recommendations through the approval of Resolution #PC 2024-019; and
WHEREAS, the Development Agreement is in the public interest and is consistent with the City's General Plan; and
WHEREAS, Policy 1 of the General Plan's Land Use Element emphasizes the City's commitment to open communication and seeking public input; and WHEREAS, the deliberation of the ordinance has been subject to a public hearing process that has been duly noticed for the purpose of seeking public input and participation and community members will continue to provide public input for individual projects resulting from ordinance implementation and is therefore consistent with Policy 1; and
WHEREAS, Policy 3 of the General Plan's Land Use Element promotes compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization of commercial areas in the City; and
WHEREAS, the proposed project proposes to reactivate a currently vacant commercial building resulting in a cannabis retail storefront thereby enhancing the economic viability of the surrounding commercial areas and is therefore consistent with Policy 3; and
Exhibit 1 11

Ordinance No. 948
WHEREAS, Policy 5 of the General Plan's Land Use Element emphasizes the provision of an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses; and WHEREAS, the introduction of a cannabis retail use will promote an economic diversity of the City's commercial zone in order to ensure community stability and economic vitality of existing businesses and is therefore consistent with Policy 5; and WHEREAS, the City Council has reviewed and considered the Development Agreement and the Findings and recommendations of the Planning Commission.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF BELL GARDENS DO ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated in full, herein.

SECTION 2. The City Council finds, with respect to the development agreement, that it:
i. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan;
ii. Promotes the public health, safety, and general welfare; iii. Is just, reasonable, fair, and equitable under the circumstances; and iv. Provides sufficient benefit to the community to justify entering into the agreement.

SECTION 3. The City Council hereby approves DA No. 2024-054 and authorizes the City Attorney to approve as to form and make clarifying changes and further authorizes and directs the City Manager to execute the development agreement in the name of the City of BeII Gardens.

SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause this Ordinance to be published and/or posted as required by law, which shall take full force and effect thirty days from its adoption.

Exhibit 1 12

Ordinance No. 948
PASSED, APPROVED AND ADOPTED this day of , 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that Ordinance No. 948 was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on August 12, 2024, and that thereafter said ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez, City Clerk
Exhibit 1 13

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

City of Bell Gardens
City Hall
7100 Garfield Ave.

Be11 Gardens, California 90201
Attn: Office of the City Attorney
(Space above Line for Use by Recorder)
This document is exempt from the
payment of a recording fee pursuant to
Government Code Section 27383
DEVELOPMENT AGREEMENT NO. 2024-054

BETWEEN

THE CITY OF BELL GARDENS
AND

BG FLOWER, LLC
1 Exhibit 2 14

This DEVELOPMENT AGREEMENT ("Agreement") is dated as of , 2024 by and among the City of Be11 Gardens (the "City") and BG Flower, LLC ("Developer") and 7601 Eastern, LLC (the "Property Owner"). This Agreement shall take effect on the "Effective Date," as this term is hereafter defined. The City, Developer, and the Property Owner may each be referred to herein individually as a "Party" or collectively as the "Parties."

RECITALS
WHEREAS, in 1996, the California State Legislature approved Proposition 215, also known as the Compassionate Use Act ("CUA") (Health and Saf. Code § 11262.5 et seq.) and was intended to enable persons in need of medical marijuana for specified medical purposes, such as cancer, anorexia, AIDS, chronic pain, glaucoma and arthritis, to obtain and use marijuana under limited circumstances and were recommended by a physician. The CUA provides that "nothing in this section shall be construed or supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non -medical purposes";
WHEREAS, in 2004, the California State Legislature enacted the Medical Marijuana Program Act (Health & Sa£ Code § 11362.7 et seq.) ("MMP"), which clarified the scope of the CUA, created a state -approved voluntary medical marijuana identification card program, and authorized cities to adopt and enforce rules and regulations consistent with the MMP. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the MMP to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances;
WHEREAS, on April 25, 2011, this City Council approved a moratorium on the establishment and operation of medical marijuana dispensaries through the adoption of Ordinance No. 840;
WHEREAS, in September 2015, the California State Legislature enacted and Governor Brown signed into law three bills — Assembly Bi11 243, Assembly Bill 266, and Senate Bi11 643 — which together comprise the Medical Marijuana Regulation and Safety Act (the "MMRSA"). The MMRSA created a comprehensive dual state licensing system for the cultivation, manufacture, retail, sale, transport, distribution, delivery, and testing of medical cannabis; WHEREAS, on January 25, 2016, the City Council adopted Ordinance No. 873 to prohibit all commercial cannabis activities citywide, including Cannabis Retail Activities; WHEREAS, in June 2016 the MMRSA was renamed the Medical Cannabis Regulation and Safety Act (the "MCRSA"), under Senate Bill 837, which also made included substantive changes to the applicable state laws, which affect the various state agencies involved in regulating cannabis businesses as well as potential licensees;
WHEREAS, on November 8, 2016, the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA") was approved by California voters as Proposition 64 and became effective on November 9, 2016, pursuant to the California Constitution (Cal. Const., art. II, § 10(a)). Proposition 64 legalized the nonmedical use of cannabis by persons 21 years of age and over, and the personal 2 Exhibit 2 15

cultivation of up to six (6) cannabis plants;
WHEREAS, AUMA also created a state regulatory and licensing system governing the commercial cultivation, testing, and distribution of nonmedical cannabis, and the manufacturing of nonmedical cannabis products;
WHEREAS, on June 27, 2017, Governor Brown signed the Legislature -approved Senate Bill 94. SB 94 combined elements of the MCRSA and AUMA to establish a streamlined singular regulatory and licensing structure for both medical and nonmedical cannabis activities given that there were discrepancies between the MCRSA and AUMA. The new consolidated provisions under SB 94 are now known as the Medicinal and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA") to be governed by the California Bureau of Cannabis Control; WHEREAS, on September 16, 2017, Governor Brown signed Assembly Bill 133 into law, which provided cleanup and substantive to MAUCRSA, including the removal of the requirement that licensed premises remain "separate and distinct" for each license type; WHEREAS, MAUCRSA grants local jurisdictions discretion over whether businesses engaged in Commercial Cannabis Activity may operate in a particular jurisdiction and, if authorized, where within such jurisdiction;
WHEREAS, on June 26, 2023, the City Council approved Ordinance No. 934 (i) repeal the prohibition all adult -use Cannabis Activities in the City; and (ii) establish regulations and a discretionary review process for Cannabis Retail Activities, in the M -U (Mixed Use Residential/Commercial, C -S (Commercial. Service and Professional), C-3 (Medium Commercial, C-4 (Heavy Commercial, C -M (Commercial -Manufacturing), and M-1 (Light Industrial) Zones; WHEREAS, Ordinance No. 934 allows persons to engage in permissible Retail Commercial Cannabis Activities upon the City's approval of a conditional use permit and issuance of a Business Regulatory Permit, for a term of eighteen (18) months unless Developer executes a development agreement with the City;
WHEREAS, Developer seeks to improve, develop, and/or use real property to operate a Cannabis Retail use in the City, in strict accordance with the California Cannabis Laws, the Bell.

Gardens Municipal Code, and related statutes and regulations, as each may be amended from time to time (the "Project");
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code Section 65864 et seq. (the "Development Agreement Statute"), which authorizes City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property; WHEREAS, consistent with the requirements of the Development Agreement Statute, City adopted Resolution 2023-043 ("Development Agreement Procedures") authorizing the use of and establishing the procedures and requirements for the consideration of development agreements within the City;
3 Exhibit 2 16

WHEREAS, Government Code Section 65865 requires that an applicant for a development agreement hold a legal or equitable interest in the real property that is the subject of the development agreement;
WHEREAS, Developer has a leasehold interest in that certain real property located at 7601 Eastern Avenue in the City of Bell Gardens, County of Los Angeles, State of California, Assessor's Parcel Numbers 6227-013-024 (the "Site"), upon which Developer seeks to effectuate the Project; WHEREAS, the Site is more particularly described in the Legal Description attached hereto as Exhibit "A," the Site Plan attached hereto as Exhibit "B," and the Floor Plan attached hereto as Exhibit "C";
WHEREAS, the Site is located within the C-4 Heavy Commercial Zone in the City where Cannabis Retail sales may be conditionally permitted allowed; WHEREAS, Developer affirms that it has a leasehold interest in the Site pursuant to a lease with 7601 Eastern LLC, the owner of the Site, (the "Property Owner") for the purpose of carrying out the Project;
WHEREAS, the Developer has provided notarized written consent to: (1) all teii,ls of this Agreement, including, but not limited to, Sections 6.1 and 9.6 of this Agreement; and (2) and recordation of this Agreement against the title of the Site. Such written consent agreement is attached hereto as Exhibit "D."
WHEREAS, Government Code Section 65867.5 and the City Development Agreement Procedures require the Bell Gardens Planning Commission ("Planning Commission") to conduct a public hearing to review a proposed development agreement; WHEREAS, on July 17, 2024, the Planning Commission, in a duly noticed and conducted public hearing, considered the recommendation of approval of this Agreement to the City Council; WHEREAS, on July 17, 2024, the Planning Commission recommended City Council approval of this Agreement, which would allow Developer to operate the Project at the Site; WHEREAS, on July 17, 2024, the Planning Commission also reviewed, considered, and conditionally approved Conditional Use Permit No. 2024-054; WHEREAS, on August 12, 2024, pursuant to Government Code Section 65867.5 and the City Development Agreement Procedures, the City Council, following a duly noticed and conducted public hearing, reviewed, considered, and approved Conditional Use Penult No. 2024- 054 and reviewed, considered, and adopted a first reading of Ordinance No. 948, and, on , the City Council approved for second reading and adopted Ordinance No. 948, authorizing the City's engagement into this Agreement;
WHEREAS, this Agreement is entered into pursuant to the Development Agreement Statute and the City's Development Agreement Procedures; WHEREAS, the City and Developer desire to enter into this Agreement to (i) facilitate the orderly development of the Site; (ii) create a physical environment that is consistent with and complements City's goals and visions; (iii) protect natural resources from adverse impacts; (iv) improve, upgrade, and create additional community facilities and infrastructure, enhance services, 4 Exhibit 2 17

and assist in implementing the goals of the General Plan; and (v) reduce the economic risk of development of the Site to both City and Developer; and WHEREAS, the Parties intend through this Agreement to allow Developer to develop and operate the Project in accordance with the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

AGREEMENT
ARTICLE 1

GENERAL PROVISIONS
Section 1.1. Findings. City hereby finds and determines that entering into this Agreement furthers the public health, safety, and general welfare and is consistent with City's General Plan, including all text and maps in the General Plan.

Section 1.2. Recitals. The Recitals above are true and correct and are hereby incorporated into and made a part of this Agreement, in full herein. In the event of any inconsistency between the Recitals and any provision of Article 1 through Article 9 of this Agreement, the particular provision of Article 1 through Article 9 shall prevail.

Section 1.3. Exhibits. The following "Exhibits" are attached hereto and incorporated into this Agreement in their entirety by this reference:

Exhibit "A":

Legal Description
Exhibit "B":

Site Plan
Exhibit "C":

Floor Plan
Exhibit "D"
Property Owner Consent
Exhibit "E"
Security Plan
Exhibit "F"
Conditional Use Permit No. 2024-054
Section 1.4. Definitions. In this Agreement, unless the context otherwise requires, the terms below have the following meanings:
a. "Additional Insured(s)" has the meaning set forth in Section 5.1 of this Agreement. b. "Additional City Approvals" means all ministerial and discretionary permits, licenses, or other similar entitlements, including any modifications or amendments thereto that must be secured by the Developer from the City in order to develop the Project on the Site, in addition to the Conditional Use Permit and the Business Regulatory Permit. c. "Agreement" means this Development Agreement and all Exhibits attached hereto. 5 Exhibit 2 18

d. "Annual Community Benefits Fees" has the meaning set forth in Section 4.2(b) of this Agreement.
e. "AUMA" has the meaning as set forth in the Recitals, above. f. "Business Day" means any day except for Saturday, Sunday, any holiday that is observed by the City, or day that the City is not closed for business. g. "Business Regulatory Permit" means the business regulatory peliuit, as required in Bell Gardens Municipal Code Chapter 5.12 required for Cannabis Retail Activity issued by the Chief of Police, which can only be issued upon City approval of a Conditional Use Pelniit, State Cannabis License, and Additional City Approvals for each proposed Cannabis Retail. Activity project.
h. "California Building Standards Codes" means the California Building, Mechanical, Plumbing, Electrical, Fire or other similar codes set forth in Title 24 of the California Code of Regulations, as may be adopted by the City, with amendments, and set forth in the Be11 Gardens Municipal Code.
i. "California Cannabis Laws" means AUMA, MAUCRSA, CUA, MMP, and the regulations adopted and promulgated by the State Licensing Authorities pursuant to such laws, as such laws and regulations may be amended from time to time. j. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code. Cannabis and the term "marijuana" may be used interchangeably.
k. "Cannabis Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cannabis cultivation, as defined herein, does not include the personal cultivation at a private residence of up to six (6) plants as authorized under state law for personal use.

Safety Code Section 109935, a drug as defined in Health and Safety Code Section 109925, or a cosmetic as defined in Health and Safety Code Section 109900. o. "Cannabis Retail Activities" means the retail sale and delivery of cannabis or cannabis products to customers. Delivery of cannabis and cannabis products shall also include the use of a technology platform by a cannabis retailer to conduct the commercial transfer of cannabis and cannabis products.
p. "CEQA" means the California Environmental Quality Act, as set forth in Division 1.3 (Commencing with Section 21000) of the California Public Resources Code, and the CEQA Guidelines as set forth in Title 14 (Commencing with Section 15000) of the California Code of Regulations.
q. "City" means the City of Bell Gardens, a municipal corporation and general law city. r. "City Council" means the City of Bell Gardens City Council. s. "City Development Agreement Procedures" has the meaning set forth in the Recitals, above.
t. "City Manager" means the City Manager of the City of Bell Gardens, or his or her designee(s).
u. "Community Benefits" has the meaning set forth in Section 4.1 of this Agreement. v. "Community Benefits Fund" has the meaning set forth in Section 4.2(c) of this Agreement.
w. "Complaining Party" has the meaning set forth in Section 8.2 of this Agreement. x. "Conditional Use Permit" means a conditional use permit and associated conditions of approval as set forth in Exhibit "F" and incorporated by reference herein, issued by the City to Developer pertaining to Developer's development of the Project, pursuant to Bell. Gardens Municipal Code Chapter 9.20 (Special Uses and Applicable Standards) and Section 9.20.160 (Cannabis Retail -Conditional Use).
y. "Cost Recovery Fees" has the meaning set forth in Section 4.3 of this Agreement. z. "CUA" has the meaning set forth in the Recitals, above. aa. "Days" shall mean calendar days unless otherwise noted. If a calendar day falls on Saturday, Sunday, holiday observed by the City or day in which the City is otherwise closed for City business, the final day shall be the next Business Day. bb. "Defaulting Party" has the meaning set forth in Section 8.2 of this Agreement. cc. "Developer" means BG Flower, LLC, which shall reflect the owner or owners listed on the application for Business Regulatory Permit, or any transferee who has been assigned the rights, title, duties, obligations and interests of this Agreement pursuant to Section 9.1. dd. "Development Agreement Statute" has the meaning set forth in the Recitals, above. 7 Exhibit 2 20

ee. "Development Agreement Procedures" has the same meaning as set forth in the Recitals, above.
ff. "Effective Date" has the meaning set forth in Section 1.7 of this Agreement. gg. "Exhibits" has the meaning set forth in Section 1.3 of this Agreement. hh. "Gross Receipts" means total revenue received or receivable by the Developer or other occupant on the Site from any Commercial Cannabis Activity on the Site or from operation of the Project on the Site, including: all sales; the total amount of compensation received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit whether or not such act or service is done as part of or in connection with the sale of materials, goods, wares, or merchandise; and gains realized from trading in stocks or bonds, interest discounts, rents, royalties, fees, commissions, dividends, or other remunerations, however designated. Included in "gross receipts" shall be all receipts, cash, credits, and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, except that the following shall be excluded therefrom:

1. Cash discounts allowed and taken on Commercial Cannabis Activity sale;

2. Credit allowed on property accepted as part of the purchase price on Commercial Cannabis Activity and which property may later be sold, at which time the payment of the credit balance on such property shall be included as "gross receipts";

3. Any tax required by law to be included in or added to the purchase price at time of sale or disposition of any Cannabis or Cannabis Product associated with a Commercial Cannabis Activity and collected from the consumer or purchaser;

4. Such part of the sale price of property returned by purchasers in any Cannabis Retail Activity upon rescission of a contract of sale as is refunded either in cash or by credit;

5. Receipts of refundable deposits in any Cannabis Retail. Activity, except that such deposits when forfeited and taken into income of the business shall not be excluded.

The intent of this definition is to ensure that in calculating the payments required under Article 4 of this Agreement, all sales related to Cannabis Retail Activity or any other Cannabis and Cannabis Products at the Site or through the Project are captured as Gross Receipts. This definition shall therefore be given the broadest possible interpretation consistent with this intent. i. "Project" has the meaning as set forth in the Recitals, above. jj. "Property Owner" has the meaning as set forth in introductory paragraph to this Agreement, above.
kk. "Marijuana" has the same meaning as Cannabis as defined above, and those terms may be used interchangeably.

11. "MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act, (Bus. and Prof. Code § 26000 et seq.), as may be amended from time to time, and as additionally set forth in the Recitals, above.
8 Exhibit 2 21

mm. "MCRSA" has the meaning set forth in the Recitals, above. nn. "Mortgage" has the meaning set forth in Section 6.1 of this Agreement. oo. "Non -Payment Penalty" has the meaning set forth in Section 4.7 of this Agreement. pp. "Notice of Non -Payment Penalty" has the meaning set forth in Section 4.7 of this Agreement.
qq. "Planning Commission" means the City of Bell Gardens Planning Commission as described in Be11 Gardens Municipal Code Chapter 2.24.
rr. "Project" has the meaning set forth in the Recitals, above. ss. "Quarterly Report" has the meaning set forth in Section 4.6 of this Agreement. tt. "Site" has the meaning as set forth in the Recitals, above. uu. "Site Plan" means site plan that satisfies the requirements set forth in Bell. Gardens Municipal Code Section 9.50.020; floor plans; and elevations, inclusive of proposed signage and facade improvements.
vv. "State Cannabis License(s)" means license(s) to conduct Cannabis Retail Activities issued by a State Licensing Authority to Developer for the Development of the Project on the Site. ww. "State Licensing Authority" means the state agency responsible for the issuance, renewal, or reinstatement of State Cannabis Licenses, or the state agency authorized to take disciplinary action against a business licensed under the California Cannabis Laws. xx. "Term" has the meaning set forth in Section 1.8 of this Agreement.

Section 1.5. Project is a Private Undertaking. The Parties agree that the Project is a private development and that City has no interest therein, except as authorized in the exercise of its governmental functions. City shall not for any purpose be considered an agent of Developer or the Project.

Section 1.6. Applicability of the Agreement. This Agreement does not: (1) grant height, density, intensity or grant uses of that than is otherwise established in the Bell. Gardens Municipal.

Code and Conditional Use Permit; (2) eliminate the need for Additional City Approvals relating to the Project submitted by Developer after the Effective Date of this Agreement; (3) guarantee that Developer will receive any profits from the Project; (4) prohibit the Project's participation in any benefit assessment district that may be generally applicable to surrounding properties; (5) amend the City's General Plan; or (6) amend the Bell Gardens Municipal Code.

Section 1.7. Effective Date of Agreement. This Agreement shall become effective (the "Effective Date") upon the date when all of the following conditions have been satisfied: (i) Thirty (30) days have elapsed since the City ordinance authorizing this Agreement is approved in accordance with state law; (ii) this Agreement has been fully executed by all Parties; and (iii) the evidence of insurance coverage in favor of the City has been provided to the City as set forth in Article 5 of this Agreement.
9 Exhibit 2 22

Section 1.8. Term. The term of this Agreement (the "Term") shall be five (5) years commencing from the Effective Date. This Agreement may be extended upon the conclusion of such five-year period for a maximum of one five-year extension term not to exceed a total of ten (10) years, which shall include the initial five-year team. Any extension shall be at the sole and absolute discretion of the City, provided that the Developer submits written notice of its desire to so extend this Agreement no less than one hundred eighty days (180) days before the expiration of the initial five-year period or any following five-year extension term. The City Manager shall. approve the extension in writing no later than ninety (90) days prior to the expiration of the initial five-year period subject to the following conditions: Developer understands and acknowledges the Term of this Agreement may only be extended if Developer is in compliance with the terms and conditions of California Cannabis Laws, this Agreement, the Conditional Use Permit, Additional City Approvals if any, the Business Regulatory Permit, the Be11 Gardens Municipal Code, and State Cannabis License(s) and related rules and regulations at the time the written notice is submitted. Under no circumstances will the City extend the Term of this Agreement if the Developer has been issued written notice of default pursuant to Section

8.2 that has not yet been cured. Nothing in this Section 1.8 shall prohibit or otherwise restrict the termination of this Agreement in accordance with Section 1.9.

Developer Initials
Section 1.9. Termination. This Agreement shall terminate upon the occurrence of any of the following events:
a. the expiration of the Term;
b. the Developer no longer has a possessory, legal or other equitable interest in the Site; c. the Developer has ceased all operations related to the Project on the Site for more than sixty (60) consecutive days, except due to an act of God or a mandated closure by any local, state or federal government or governmental agency, so long as Developer provides notice to the City within fifteen (1.5) Business Days of interruptions of operations. This notice shall include the reason for the reason for the temporary cease in operations and Developer's estimated timeline for reopening, but in no event shall. exceed one (1) year.;
d. mutual written consent of the Parties;
e. abandonment of Developer's Conditional Use Permit applicable to the Project, or the failure of the Developer to commence operation of the Project on the Site within twelve (12) months following the issuance of a finaled building permit, certificate of occupancy, temporary certificate of occupancy or similar document pursuant to Bell.

Gardens Municipal Code Section 5.64.040(K);
revocation of Developer's Conditional Use Permit due to a failure to abide by its conditions of approval (Exhibit "F"), incorporated by reference herein, pursuant to the process provided in Bell. Gardens Municipal Code Section 9.62.010; 10 Exhibit 2 23

g.
revocation of Developer's Business Regulatory Permit for the Project, pursuant to Bell Gardens Municipal Code Sections 5.64.050 and 5.12.100, if not appealed by the Developer;
h. City Council upholding of the revocation of Developer's Business Regulatory Permit for the Project, if an initial revocation finding by the Chief of Police is appealed to the City Council by Developer;
i. unauthorized assignment of interest of the Developer in the Project or in the Site pursuant to Section 9.1 of this Agreement;
J•
as set forth in Sections 8.5 and 8.6 of this Agreement; k. upon the occurrence of the entry of a final judgment or issuance of an order of a court with jurisdiction which such judgment or order directs the City to cancel this Agreement, after all appeals have been exhausted, as a result of any lawsuit filed against City to set aside, withdraw or abrogate the approval of the City Council of this Agreement, whereupon such termination, the Parties shall be mutually released from any further liability except as provided in Section 1.12, below.

Section 1.10. Amendment of Agreement. This Agreement shall be amended only by mutual consent of the Parties. All amendments shall be in writing and adopted by ordinance pursuant to the same requirement set forth in the Development Agreement Statute.

Section 1.11. Fees. Developer and Property Owner shall be jointly and severally liable for the payment to the City of all Cost Recovery Fees, Community Benefit Fees, penalties and interest, and any other applicable fees when due, including but not limited to development impact fees, payable to the City related to Developer's development and operation of the Project on the Site, and the fees referenced in Article 4 of this Agreement.

Developer Initials Property Owner Initials
Section 1.12. Survival of Certain Terms. The rights and obligations of the Parties which arise under Sections 1.11, 5.4, 5.5, 5.6, 5.7, 5.8, 9.2, 9.3, 9.4, and 9.6 of this Agreement and any right or obligation of the Parties in this Agreement, which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination.

ARTICLE 2

DEVELOPMENT OF THE PROPERTY
Section 2.1. Right to Develop. During the Term of this Agreement, Developer shall have the right to develop the Project on the Site, consistent with terms and conditions of California Cannabis Laws, this Agreement, the Conditional Use Permit, Additional City Approvals if any, the Business Regulatory Permit, the Bell Gardens Municipal Code, and State Cannabis License(s).

Agreement, the Conditional Use Permit, Additional. City Approvals, the Business Regulatory Permit, the Bell Gardens Municipal Code, and State Cannabis Licenses. Other commercial cannabis activities, including but not limited to Cannabis Cultivation, Cannabis Manufacturing, Cannabis Testing, and Cannabis Distribution are strictly prohibited. Further, subject to any limitations or prohibitions under state law, Developer shall reimburse the City within thirty (30) days following the receipt of a suitable detailed written invoice from the City for any and all of the City's costs related to any emergency services response of the City to the Site (e.g., police and/or fire services) resulting from the Developer's intentional neglect or violation of any Conditional Use Permit Condition or Business Regulatory Peliuit.

Section 2.3. Additional Entitlements, Approvals, and Permits. Successful implementation of the Project may require the Developer to obtain additional approvals and permits from City and other local and state agencies ("Additional City Approvals"). In connection with the consideration and issuance of any such Additional. City Approval which is not ministerial in nature, the City reserves its discretion under the police power to approve, conditionally approve, or deny the issuance of each City Additional Approval. City shall comply with CEQA in the administration of all Additional City Approvals.

Section 2.4. Conditional Use Permit. Pursuant to Bell Gardens Municipal Code Chapter 9.20 and Section 9.20.160, Developer has obtained the necessary approvals pending the approval of this Agreement, to engage in Cannabis Retail Activities pertaining to the Project on the Site through the issuance of a Conditional Use Permit. Developer and Property Owner shall adhere to all of the conditions of approval set forth in Conditional Use Permit No. 2024-054, incorporated by reference herein (Exhibit "F"). Failure to comply with such conditions of approval shall constitute a breach of this Agreement.

Section 2.5. Business Regulatory Permit. Pursuant to Bell Gardens Municipal Code Section 5.64.020(B), Developer shall not engage in Cannabis Retail. Activities at the Site without first obtaining a Business Regulatory Permit in accordance with Section 5.64.030 of the Bell Gardens Municipal Code.

Section 2.6. State Cannabis Licenses. Pursuant to California Cannabis Laws and Bell Gardens Municipal Code Section 5.64.030(C), Developer shall not engage in the permitted uses set forth above pertaining to the Project on the Site without first obtaining State Cannabis Licenses to conduct Cannabis Retail. Activities on the Site.

Section 2.7. Security Plan. In accordance with the application requirements for a Conditional Use Permit, Developer has submitted a security plan for the operation of a Cannabis Retail facility, as set forth in fuller detail in Exhibit "E." Developer represents that the security plan includes provisions for licensed security guards as required by Section 5.64.040(C) of the Bell Gardens Municipal Code, video surveillance, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professional monitored alarm system. a. Video surveillance shall include, at a minimum, all site and facility entrances; all spaces accessible by the public, including points of sale; cash storage areas; and other areas necessary to protect the safety of employees and the public to ensure that Cannabis and Cannabis Products are received, handled, stored and sold in compliance with California's Cannabis Laws, the Bell Gardens Municipal Code, the Conditional Use Permit and other applicable conditions as may be imposed by the City or any other local or state regulatory authority.
12 Exhibit 2 25

b. Third -party security guards shall be properly trained and licensed by the Department of Consumer Affairs. Security may be aimed so long as property licensing and insurance requirements are followed and met by the third -party operator providing such security services and such documentation is provided to the City in accordance with Section 9.2.

Section 2.8. Odor Control. The Site shall have ventilation and filtration systems installed that prevent Cannabis odors from exiting the interior of the structure. The ventilation and filtration system shall be approved by the Building Official and installed prior to commencing operations within the allowable structure. Facility air intake, exhaust and recirculating system shall be of industrial grade. Activated charcoal, recirculating, and closed loop aeration systems shall be utilized as necessary for effective odor control and management.

ARTICLE 3

APPLICABLE RULES, REGULATIONS, AND OFFICIAL POLICIES
Section 3.1. Rules on Permitted Uses. Unless otherwise provided in this Agreement, the City's ordinances, resolutions, rules, regulations, and official policies governing the permitted uses of the Site and the maximum height, bulk, and size of proposed buildings related to the Project on the Site shall be those in force and effect at the time of the City's approval of this Agreement.

Section 3.2. Rules on Design and Construction. Unless otherwise provided in this Agreement, the ordinances, resolutions, rules, regulations, and official policies governing the design, improvement, and construction standards and specifications applicable to the Project shall. be those in force and effect at the time of the City's approval of this Agreement for the operation of the Project at the Site.

Section 3.3. Uniform Codes Applicable. Unless otherwise provided in this Agreement, the Project shall be improved and constructed in accordance with the provisions of the California Building Standards Codes in effect at the time as of the time that the development project application to the City for such permit was deemed complete by the City.

Section 3.4. Changes mandated by Federal or State Law. The Site and Project shall be subject to subsequently enacted state or federal laws or regulations that may preempt the Bell Gardens Municipal Code, or mandate the adoption or amendment of local regulations, or are in conflict with this Agreement or local rules or guidelines. As provided in Section 65869.5 of the Development Agreement Statute, in the event state or federal laws or regulations enacted after the Effective Date prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be subject to modification or suspension by the Parties as provided in this Section 3.4. as may be necessary to comply with such state or federal laws or regulations. Upon a Party's discovery of a subsequently enacted federal or state law meeting the requirements of this Section, such Party shall provide the other Parties with written notice of the state or federal law or regulation, and a written statement of the conflicts thereby raised with the provisions of the Bell Gardens Municipal Code or this Agreement. Promptly thereafter, the Parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulation provided City shall not be obligated to agree to any modification materially increasing its obligations or materially adversely affecting its rights and benefits hereunder. In such discussions, the Parties shall attempt to preserve the terms of this Agreement and the rights of Developer derived from this Agreement to the maximum feasible 13 Exhibit 2 26

extent while resolving the conflict. If City, in its judgment, deteiiiiines it necessary to modify this Agreement to address such conflict, City shall have the right and responsibility to do so, and shall not have any liability to Developer for doing so or be considered in breach or default of this Agreement. City also agrees to process, in accordance with the provisions of this Agreement, Developer's proposed changes to the Project that are necessary to comply with such federal or state law and that such proposed changes shall be conclusively deemed to be consistent with this Agreement without further need for any amendment to this Agreement, pursuant to Section 1.10.

Section 3.5. Health and Safety Emergencies. In the event that any future public health and safety emergencies arise with respect to the Project, City agrees that it shall attempt, if reasonably possible as determined by City in its discretion, to address such emergency in a way that does not have a material adverse impact on the Project. If City determines, in its discretion, that it is not reasonably possible to so address such health and safety emergency, to select that option for addressing the situation which, in City's discretion, minimizes, so far as reasonably possible, the impact on development and use of the Project in accordance with this Agreement, while still addressing such health and safety emergency in a manner acceptable to City.

Section 3.6. Reservation of Authority. Any other provision of this Agreement to the contrary notwithstanding, the development and operation of the Project shall be subject to new or modified ordinances, resolutions, rules, regulations, and official policies which may take effect following the Effective Date related to the following:
a. Cost Recovery Fees imposed on the Developer by the City, which are charged by the City to cover its actual and reasonable expenses incurred in processing permits, licenses, other entitlements, and inquiries and requests by Developer or Property Owner related to the Project, administering its cannabis -related ordinance with regard to the Project, and monitoring legal compliance of the Project on the Site, including, but not limited to compliance with the Conditional Use Permit, Business Regulatory Permit, building and safety -related inspections by the City and financial audits and shall include staff time, legal fees, and consultant fees;
b. Procedural regulations related to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and other similar procedural matters including but not limited to procedures to revoke or terminate any interest or rights associated with the Project; and
c. Regulations, including, but not limited to, the California Building Standards Codes, necessary to protect the public health and safety so long as such regulations are generally applicable and do not impose a severe and significant financial burden on the Developer or materially delay the development or carrying out of the Project as contemplated in this Agreement.

ARTICLE 4

COMMUNITY BENEFITS, COST RECOVERY, RECORDKEEPING, REPORTING,

balanced with commensurate "Annual Community Benefits Fees" and "Quarterly Community Benefits Fees" for the community (collectively, "Community Benefits").

Section 4.2. Community Benefits. In addition to Developer's obligation to reimburse the City for certain costs through its Cost Recovery Fees, Developer shall be obligated to pay to the City the "Community Benefit."
a. "Quarterly Community Benefits Fees." Within fifteen (15) days following the conclusion of each City fiscal year quarter following the City's issuance of a Business Regulatory Permit for the Project, Developer shall pay the City a sum of money which is equivalent to seven percent (7%) of Gross Receipts for the preceding quarter. b. "Annual Community Benefits Fees." Developer shall make a payment to the City in the amount of One Hundred Thousand Dollars ($100,000) on or before the Effective Date of this Agreement. Each following calendar year, the Developer shall make further payments to the City in the amount of One Hundred Thousand Dollars ($100,000) no later than January 15`h of each subsequent calendar year. c. In accordance with the Development Agreement Procedures, no less than eighty percent (80%) of the Community Benefits shall be deposited into a dedicated account set up by the City ("Community Benefits Fund"). Expenditures from the Community Benefits Fund shall be dedicated to youth and educational programming and resources for the City's housing programs, as detailed below. All projects funded in part or in whole by the Community Benefits Fund shall be subject to City Council approval. i. Public benefits for youth and educational programming shall be dedicated to the City's Recreational Department and be utilized for but not limited to youth programming, after -school programs, sports programming, personal enrichment classes or capital improvements on City -owned properties. ii. Public benefits for the City's housing programs shall be dedicated toward the Community Development Department and shall be utilized for housing programming and long-range planning, including but not limited to affordable housing, rent stabilization and tenant protection efforts and other planning efforts.

Section 4.3. Cost Recovery Fees. Developer shall be responsible for the processing and monitoring costs related to the Project, including the processing and execution of this Agreement. a. Processing Fees. Processing fees shall include the direct and indirect costs that the City incurs in reviewing, processing and executing the Conditional Use Permit, this Agreement, and Additional City Approvals, including staff time, legal fees, and consultant fees.
b. Monitoring Fees. Monitoring fees shall include the direct and indirect costs that the City incurs in inspecting, monitoring, investigating, and conducting compliance and enforcement actions for the purpose of confirming that the Project is in accordance with the terms of this Agreement, conditions of approval associated with the Conditional Use Permit, the operating procedures set forth in Chapter 5.64 of the Bell. Gardens Municipal Code and Business Regulatory Peluiit, the Bell Gardens Municipal Code, and California Cannabis Laws.
15 Exhibit 2 28

c. Billing and Payment. The City shall submit an invoice to Developer for Cost Recovery Fees on or before the fifth day of each month following the Effective Date of this Agreement. Owner shall pay the invoice within thirty (30) days of the date of the invoice issuance. Failure to timely pay Cost Recovery Fees shall be subject to the penalties and interest set forth in Sections 4.7 and 4.8 of this Agreement.

Section 4.4. Statement of Receipts/Audits. Developer shall keep complete, accurate and appropriate books and records of all receipts from operations in accordance with generally accepted accounting principles for a minimum of five (5) years. For purposes herein, "books and records" shall mean all bookkeeping or accounting documents Developer typically utilizes in managing its business operations relating to the Project. Such books and records, as well as all other relevant documents as the City Manager may reasonably require, shall, upon reasonable written notice, be open for inspection by the City, its auditors or other authorized representatives.

If any time during the term such books and records prove inadequate in the reasonable judgement of City to record the Gross Receipts from Project operations as required herein, Developer shall, upon written request by the City, procure and maintain such books and records as shall be the character and from adequate for such purpose. City shall have the right to audit and examine such books, records, and documents at any time upon reasonable request by the City, to the extent necessary for proper deteluiination of Gross Receipt from Project operations, and all such books, records, documents, and other items shall be held available for such audit and examination.

Section 4.5. Tax Filings. Developer shall provide City with a courtesy copy of each and every report that Developer is required to provide to the County of Los Angeles and the California Department of Tax and Fee Administration for sales, use, and other tax purposes at the time such filings are made.

Section 4.6. Quarterly Reports. In addition to the recordkeeping requirements set forth in this Agreement, within twenty (20) days following the conclusion of each City fiscal year quarter following the City's issuance of a Business Regulatory Permit for the Project, Developer shall submit a written "Quarterly Report" to the City Community Development Director showing:
a. Gross Receipts for the immediate prior City fiscal quarter received by the Developer; and
b. A calculation of Quarterly Community Benefits Fees due to the City from Developer for the immediate prior City fiscal quarter.

Section 4.7. Non -Payment Penalty. If Developer fails to make a timely payment concerning Community Benefits Fees or Cost Recovery Fees, as required by this Agreement, the City may impose a "Non -Payment Penalty." A Non -Payment Penalty of one percent (1%) shall be applied to all past due Community Benefits Fees. The City shall deliver to Developer a "Notice of Non -Payment Penalty." Payment of the past due Community Benefits and Non -Payment Penalty shall be in a single installment due on or before a date fifteen (15) days following delivery of the Notice Non -Payment Penalty.

Section 4.8. Interest on Unpaid Non -Payment Penalty. If Developer fails to pay the Non -Payment Penalty after City has delivered the Notice of Non -Payment Penalty, then, in addition to the principal amount of the Non -Payment Penalty, Developer shall pay City interest at the rate of eighteen percent (18%) per annum, computed on the principal amount of the Non - 16 Exhibit 2 29

Payment Penalty, from a date fifteen (15) days following delivery of the Notice of Non -Payment Penalty.

Section 4.9. Recordkeeping. Records for Community Benefit Fees in accordance with California Cannabis Laws.

Section 4.10. City Cannabis Tax. Should the City voters enact a tax or taxes applicable to the Developer with regard to it carrying out of Cannabis Retail Activities in the City, the Parties shall meet and confer in good faith to amend this Article in light of such tax, pursuant to Section

1.10 of this Agreement.

ARTICLE 5

INSURANCE AND INDEMNIFICATION
Section 5.1. General Liability Insurance. Developer shall maintain comprehensive general liability insurance issued by a California admitted insurance carrier whose Best Insurance Guide, current edition insurance rating is not less than "B+(vii)" with a per -occurrence combined single limit of not less than Two Million Dollars ($2,000,000) with a claim deduction not more than One Hundred Thousand Dollars ($100,000) per claim. Such insurance policy shall name the City and City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives as "Additional Insureds" by endorsement with respect to the performance of this Agreement and shall include either a severability of interest clause or cross - liability endorsement and other customary and reasonable endorsements and provisions approved by the City's risk manager.

Section 5.2. Commercial Property Insurance. Developer shall maintain commercial property insurance with coverage in an amount not less than $1,000,000 per occurrence, and $2,000,000 general aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Such insurance policy shall name the City and City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives as "Additional Insureds" by endorsement with respect to the performance of this Agreement and shall include either a severability of interest clause or cross -liability endorsement and other customary and reasonable endorsements and provisions approved by the City's risk manager.

Section 5.3. Workers' Compensation Insurance. Developer shall maintain workers' compensation insurance for all its employees employed at or on the Project. Developer shall require each contractor and subcontractor working at or on the Project to provide workers' compensation insurance for its respective employees. Developer indemnification of City set forth in Section 5.4 of this Agreement shall apply to Developer's failure to maintain any such insurance.

Section 5.4. Evidence of Insurance. Evidence of the insurance in favor of the City required under Section 5.1 shall be provided to the City as of the Effective Date. Thereafter, no Business Regulatory Pei writ for the Project shall be valid unless and until Developer furnishes satisfactory evidence of the other insurance required in Article 5 of this Agreement. In each case, the evidence of insurance provided to the City shall include satisfactory evidence that the insurance 17 Exhibit 2 30

carrier shall give the City at least fifteen (15) days' prior notice of the cancellation or reduction in coverage of each policy of insurance required in Article 5 of this Agreement.

Section 5.5. Indemnification. The Developer and Property Owner, jointly and severally, agree to indemnify, defend with counsel acceptable to City, and hold harmless the City and City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives from any and all claims, costs (including legal fees and costs), or liabilities of any kind arising out of or connected to any act or omission of Developer, Property Owner, or Developer's or Property Owner's contractor, subcontractor, agent, or representative related to its establishment or operation of the Project or arising out of or related to the approval. or issuance of any permit, license, or approval by the City for the Project, except to the extent such claims, costs, and liabilities are caused by the sole negligence or willful misconduct of the City.

Developer and Property Owner agree that they shall be jointly and severally responsible for all costs incurred by the City in the event of a third -party challenge related to such claims, costs, or liabilities.

Developer Initials Property Owner Initials
Section 5.6. Cooperation in Event of Legal Challenge. Developer and Property Owner shall defend and indemnify the City and the City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives from any claim, action, liability, or proceeding that seeks to attack, set aside, void, or annul the Project or any of the proceedings, acts, or determinations taken, done, or made as a result of the City's processing and approval of the Project. Developer and Property Owner's obligation to defend and indemnify the City hereunder shall apply to any lawsuit or challenge alleging failure to comply with the requirements of any federal, state, or local law, including, but not limited to, general plan and zoning requirements and the CEQA. Developer and Property Owner's obligations under this Section 5.5 shall include, but not be limited to, payment of all court costs and attorneys' fees, all litigation -related costs, all costs of judgments and awards against the City, and all settlement costs, which arise out of the City's processing and approval of the Project. The City shall notify the Developer and Property Owner promptly of any claim, action, or proceeding and reasonably cooperate in the defense. Upon receipt of such notification, the Developer and Property Owner shall assume the defense of the claim, action, or proceeding, including the employment of counsel satisfactory to the City, which approval shall not be unreasonably withheld. In the event of a disagreement between the Parties over litigation issues, the City shall have the authority to control. the litigation and make litigation decisions for the City, including, but not limited to, settlement, 18 Exhibit 2 31

or other disposition of the matter. If the City reasonably determines that having common counsel would create a conflict of interest between itself and Developer and/or Property Owner, then the City may hire counsel for its own defense, and Developer and Property Owner shall jointly and severally pay the City the reasonable attorneys' and costs of such counsel within thirty (30) days after receiving an itemized invoice from the City. Developer and Property Owner shall further pay for all costs and fees related to any additional investigation or study, or for supplementing or revising any document, including, without limitation, environmental documents for the Project.

Section 5.7. Failure to Indemnify. The failure of Developer or Property Owner to indemnify the City, as required by this Agreement, shall constitute a material breach of this Agreement and of any applicable Conditional Use Permit, Business Regulatory Peuuit, and Additional City Approvals, which shall entitle the City to all remedies available under law, including, but not limited to, specific performance and damages. Failure to indemnify shall constitute grounds upon which the City may rescind its approval of any entitlement, permit, or license related to the Project, or any portion thereof, and a waiver of Developer or Property Owner's right to file a claim, action, or proceeding against the City and City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives based upon the City's rescission or revocation of any applicable Conditional. Use Permit, Business Regulatory Peuuit, and Additional City Approvals, or City's failure to defend any claim, action, or proceeding based upon Developer or Property Owner's failure to indemnify the City.

Section 5.8. Waiver of Damages; Referendum. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that City would not have entered into this Agreement had it been exposed to liability for damages from the Developer and, therefore, the Developer and Property Owner hereby waive all claims for damages against City for breach of this Agreement. The Developer and Property Owner further acknowledge that under the Development Agreement Statute, land use approvals (including development agreements) must be approved by the City Council and that, under law, the City Council's discretion to vote in any particular way may not be constrained by contract. The Developer and Property Owner therefore waive all claims for damages against City in the event that this Agreement or any Project approval is: (1) not recommended for approval or approved by the Planning Commission, City Council (as the case may be); or (2) is approved by the City Council, but with new changes, amendments, conditions, or deletions to which Developer and/or Property Owner is opposed. Developer further acknowledges that, as an instrument which must be approved by ordinance, this Agreement is subject to referendum; and that, under law, the City Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer and Property Owner waive all claims for damages against City in this regard.

any part of this Agreement, neither Developer nor Property Owner shall have recourse against City pursuant to this Agreement for damages. The foregoing shall not be deemed to limit right of Developer or Property Owner to appeal any such determination that such initiative measure, moratorium, or other limitation invalidates or prevails over all or any part of this Agreement. The City agrees to cooperate with Developer or Property Owner in all reasonable manners in order to keep this Agreement in full force and effect, provided that Developer or Property Owner shall, jointly and severally, be obligated to reimburse the City for its actual and reasonable expenses incurred directly in connection with such cooperation and the City shall not be obligated to institute a lawsuit or other court proceedings in such cooperation.

Section 5.10. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy.

ARTICLE 6

MORTGAGEE PROTECTION
Section 6.1. Mortgagee Protection. This Agreement, once executed and recorded, shall be superior and senior to any lien placed upon the Site and any portion thereof following recordation of this Agreement, including the lien of any deed of trust or mortgage ("Mortgage").

Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value.

ARTICLE 7

ANNUAL REVIEW
Section 7.1. Annual Review. During the Term of this Agreement, the City shall. annually review Developer's good faith compliance with this Agreement. This periodic review shall be limited in scope to good faith compliance with the provisions of this Agreement, Conditional Use Permit and its associated conditions of approval, Business Regulatory Permit, California Cannabis Laws, the Bell Gardens Municipal Code and related statues and regulations.

Developer shall bear the burden of demonstrating good faith compliance with the foregoing requirements.

Section 7.2. Timing of Annual Review. No later than thirty (30) days prior to the yearly anniversary of the Effective Date of this Agreement, Developer shall submit to the Community Development Director evidence of compliance pursuant to Section 7.1 above. The City reserves the right to request additional information necessary to demonstrate Developer's good faith compliance. The Community Development Director or his or her designee shall report to the Planning Commission its determination of compliance through the submission of a staff report with a determination as to the Developer's compliance, to be considered at a future Planning Commission hearing. If the Community Development Director determines that Developer is in Default pursuant to Section 8.1, the City shall follow the procedures provided pursuant to Article

8. 20
Exhibit 2 33

Section 7.3. Staff Reports. To the extent practical, the City shall deliver to the Developer a copy of all staff reports and related exhibits concerning the Developer's performance under the Agreement within three (3) Business Days preceding Planning Commission review.

Section 7.4. Fee for Annual Review. The reasonable cost for the City's annual review of this Agreement shall be paid by Developer, not to exceed the actual costs incurred by the City in connection with such review, inclusive of those costs incurred by consultants and legal fees as a part of Cost Recovery Fees. The Developer shall pay such costs to the City within thirty (30) days following the receipt of a written invoice from the City.

ARTICLE 8

DEFAULT, REMEDIES, AND ESTOPPEL CERTIFICATES
Section 8.1. Default. The failure of either Party to perform any obligation or duty under this Agreement within the time required by this Agreement shall be a default and after the giving of notice and the passage of the applicable amount of time, such a default shall constitute an event of default.

Section 8.2. Notice. The "Complaining Party" may not assert that an event of default has occurred against the "Defaulting Party" unless the Complaining Party has first given written notice to the Defaulting Party, specifying the nature of the default and the manner in which the default may be cured, if known to the Complaining Party. Any failure or delay by the Complaining Party in giving such notice shall not waive such default or waive any of the Complaining Party's remedies.

Section 8.3. Cure. The Defaulting Party shall have thirty (30) days from the receipt of notice to cure the default except as provided in the next sentence. In the case of non -monetary defaults, if the default cannot be reasonably cured within such time, the default shall be deemed cured if:
a. The cure is commenced at the earliest practicable date following receipt of notice; b. The cure is diligently prosecuted to completion;
c. At the earliest practicable date (but in no event later than ten (10) days after receiving the notice of default), the Defaulting Party provides written notice to the Complaining Party that the cure cannot be reasonably completed within such thirty (30) day period; and
d. The default is cured at the earliest practicable date, but in no event later than ninety (90) days after receipt of the first notice of default.

However, in the case of a monetary default (e.g., failure to make the payments to the City of fees or other costs required under this Agreement), any such default must be cured by the payment of the amount demanded within such thirty (30) day period.

notice and hearing requirements. If after public hearing, the Planning Commission finds and determines, on the basis of substantial evidence that Developer remains in default and that the City intends to terminate or modify this Agreement, the Developer shall be entitled to appeal that to the City Council.

Section 8.5. Appeals to City Council. If Developer wishes to appeal the Planning Commission's deteliuination pursuant to Section 8.4, such appeal shall be taken within fourteen (14) days after notice of the determination is effectuated pursuant to Section 9.2 of this Agreement.

The City Council shall act upon the Planning Commission's determination within sixty (60) days of the appeal. The failure by City Council to act within this prescribed time period shall not be deemed to be a denial or approval of the appeal and shall remain pending until final City Council action.

Section 8.6. Remedies. If the Defaulting Party fails to cure a default in accordance with the foregoing, an event of default shall be deemed to have occurred and the Complaining Party shall have the right to seek all appropriate remedies, at law or in equity, including specific performance, modification or termination of this Agreement without further or separate notice to the Defaulting Party.

Section 8.7. Estoppel Certificates.
a. City shall, upon not less than thirty (30) days prior written notice, execute, acknowledge, and deliver to Developer, Developer's lender, potential investors, or assignees an estoppel certificate in writing which certifies that this Agreement is in full force and effect, that there are no breaches or defaults under the Agreement except as described in such estoppel certificate, and that the Agreement has not been modified or teiiliinated and is enforceable in accordance with its terms and conditions.
b. The City may recover its actual and reasonable costs and attorneys' fees in connection with the timely dealing of any such estoppel certificate. City shall provide Developer with a written invoice of such costs to be paid by Developer within thirty (30) days of issuance.

ARTICLE 9

Municipal Code and their related statutes and regulations and any other information deemed necessary to effectuate the transfer.
b. Escrow Account. When making a written request to City Manager for the assignment of rights pursuant to this Agreement, Developer shall open an escrow account and deposit an amount of five thousand dollars ($5000) into the escrow account. If the direct and indirect costs of staff time, consultant fees, legal fees and other costs exceed the deposited amount prior to a City Council vote pursuant to subsection (a) above, the City reserves the right to require Developer to deposit an additional five thousand dollars ($5000) into the escrow account to cover direct and indirect costs. Any unused fees remaining in the escrow account following the City Council vote shall be returned to Developer no later than thirty (30) days after the City Council action. c. Renegotiation of Community Benefits. The City reserves the right to renegotiate Community Benefits with the proposed transferee pursuant to Article 4. d. Effectuation of Assignment. Any sale, assignment, or transfer of the rights, obligations, interests in this Agreement shall only be effective upon the issuance of a Business Regulatory Pelniit to the party to whom such sale, assignment, or transfer is made as required by Chapter 5.12 and Section 5.64.020 of the Bell Gardens Municipal Code.

Any assignment or transfer prohibited by this Agreement will be considered an immediate material breach of this Agreement and City may elect to immediately terminate this Agreement.
e. Assumption of Obligations. Upon the effectuation of an assignment pursuant to subsection (d) above, the transferee shall expressly and unconditionally assume all rights and obligations of the Developer pursuant to this Agreement.

Section 9.2. Notices. All notices permitted or required under this Agreement shall be given to the respective Parties must be in writing and may be given personally, by registered or certified mail (return receipt requested), Federal Express, UPS or other similar couriers. If notice is personally delivered, the notice shall be deemed to have been given and received on the date notice was given. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received three (3) days after the notice is deposited in the United States mail. If notice is given by Federal Express, UPS, or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on the receipt issued by the courier. Notice shall be provided to the following addresses:

DEVELOPER:

BG Flower, LLC
100 N. Brand Blvd
Suite 605
Glendale, CA 91203
Attn: Aram Ekimyan
(818) 476-0076
[email protected]
PROPERTY OWNER:

CITY:

City of Bell Gardens
7100 Garfield Ave.

Bell Gardens, California 90201
Attn: Michael B. O'Kelly, City Manager
(562) 806-7702
[email protected]
CITY ATTORNEY:
23 Exhibit 2 36

7601 Eastern, LLC
100 N. Brand Blvd Suite 605
Attn: Aram Ekimyan
(818) 476-0076
[email protected]
Olivarez Madruga Law Organization, LLP
500 South Grand Ave, 12th Floor
Los Angeles, CA 90071
Attn: Stephanie Vasquez
(213)-744-0099
[email protected]
Section 9.3. Governing Law and Venue. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 9.4. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any tern' or provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any term or provision of this Agreement is rendered invalid or unenforceable according to the teiuis of any federal or state statute, any provisions that are not invalid or unenforceable shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement. The Parties expressly agree that each Party is strictly prohibited from failing to perfoiili any and all obligations under this Agreement on the basis that this Agreement is invalid, unenforceable, or illegal. By entering into this Agreement, each Party disclaims any right to tender an affirmative defense in any arbitration or court of competent jurisdiction, that performance under this Agreement is not required because the Agreement is invalid, unenforceable, or illegal.

Section 9.5. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.

Section 9.6. Joint and Several Liability. Developer and Property Owner shall be jointly and severally liable for all obligations imposed on either or both under this Agreement, including but not limited to any amount due under this Agreement pursuant to Section 1.1. 1 .

Developer and Property Owner agree that the City may impose a lien and seek foreclosure on any parcel of the Site due to any default by Developer. Such consent is additionally set forth in Exhibit "D" to this Agreement.

Section 9.7. Waiver. A waiver by any Party of any breach of any term, covenant, or condition herein contained or a waiver of any right or remedy of such Party available hereunder, at law or in equity, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition herein contained or of any continued or subsequent right to the same right or remedy. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.
24 Exhibit 2 37

Section 9.8. Integration. This Agreement, together with its specific references, attachments, and Exhibits, constitutes all of the agreements, understandings, representations, conditions, warranties, and covenants made by and between the Parties hereto. Unless set forth herein, no Party to this Agreement shall be liable for any representations made, express or implied.

Section 9.9. Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement.

Section 9.10. Mandatory and Permissive. "Shall" and "will" and "agrees" are mandatory. "May" or "can" are pc] missive.

Section 9.11. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Section 9.12. Other Documents. The Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and, to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.

Section 9.13. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, no Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

Section 9.14. Advice of Legal Counsel. Each. Party acknowledges that it has had an opportunity to review this Agreement with its own legal counsel and, based upon the advice of that counsel, freely entered into this Agreement.

Section 9.15. No Third -Party Beneficiaries. This Agreement and all provisions hereof are made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have a right of action based upon any provision in this Agreement.

Section 9.16. Public Agency Coordination. The Parties shall cooperate and use reasonable efforts in coordinating the implementation of the Project with other public agencies, if any, having jurisdiction over the Site or the Project.

Section 9.17. Restrictions. Property Owner shall place in any agreements to sell or convey any interest in the Site or any portion thereof, a provision making the terms of this Agreement binding on any successors in interest of Property Owner.

Section 9.18. Attorneys' Fees and Costs. Unless otherwise provided in this Agreement, if any action at law or in equity, including action for declaratory relief, is brought by a Party to enforce or interpret provisions of this Agreement, the prevailing Party in such action shall be entitled to recover its reasonable attorneys' fees and costs, which may be set by the court in the 25 Exhibit 2 38

same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

Section 9.19. Environmental Remediation and Testing. The Parties acknowledge that various environmental remediation and testing activities may be required on the Site and on lands adjacent to the Site. The Parties shall consult with responsible public agencies, as appropriate, in connection with such environmental remediation and testing activities. Developer and Property Owner shall ensure that the development or operation of the Project shall not unreasonably interfere with any such remediation and testing activities.

Section 9.20. Calculation of Time Period. All time referenced in this Agreement shall be calendar days, unless the last day falls on a legal holiday, Saturday, or Sunday, in which case the last day shall be the next business day.

Section 9.21. Recordation of Development Agreement. The City Clerk shall cause a copy of this Agreement to be recorded against title of the Site in accordance with state law. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
26 Exhibit 2 39

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as evidenced by the signatures of the authorized officers of each of them which appear below.

CITY
City of Bell Gardens, a municipal
corporation

DEVELOPER
BG Flower, LLC
]Notarized Signature Required]
By: By:

Michael B. O'Kelly
Bell Gardens City Manager Name:

Date: Title:

Date:

Approved as to Form
By:

Stephanie Vasquez
City Attorney
Date:

PROPERTY OWNER
7601 Eastern, LLC
]Notarized Signature Required]
By:

Name:

Title:

Date:
27 Exhibit 2 40

EXHIBIT "A"

LEGAL DESCRIPTION OF SITE
28 Exhibit 2 41

EXHIBIT "B"

SITE PLAN
29 Exhibit 2 42

EXHIBIT "C"

FLOOR PLAN
30 Exhibit 2 43

EXHIBIT "D"

PROPERTY OWNER'S CONSENT AGREEMENT
31 Exhibit 2 44

EXHIBIT "E"

SECURITY PLAN
32 Exhibit 2 45

EXHIBIT "F"
CONDITIONAL USE PERMIT 2024-054
33 Exhibit 2 46

CITY OF BELL GARDENS

COMMUNITY DEVELOPMENT DEPARTMENT

AGENDA REPORT
Item 2.

TO: Honorable Chair and Members of the Planning Commission FROM: Steven Jones, City Planner
BY: Mona Mossayeb, Associate Planner
SUBJECT: CONDITIONAL USE PERMIT NO. 2024-054 AND RECOMMENDATION TO APPROVE ORDINANCE NO. TO APPROVE A PROPOSED DEVELOPMENT AGREEMENT AUTHORIZING A CANNABIS RETAIL USE ("KUSH CO") AND THE DEVELOPMENT OF FOUR COMMERCIAL STRUCTURES AT 7601 EASTERN AVE (FILE NO. 2024-054)
DATE: July 17, 2024
RECOMMENDATION:

It is staff's recommendation that the Planning Commission move to:

1. Determine Conditional Use Permit (CUP) No. 2024-054 (Exhibit 3) and Ordinance No. 948 (Exhibit 1) for Development Agreement (DA) No. 2024-054 (Exhibit 2) are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061 (b)(3) (Common Sense Exemption); and

2. Adopt Resolution #PC 2024-018 (Exhibit 3) approving CUP No. 2024-054 for the construction of a 7,678.2 square -foot (SF) commercial complex comprised of four structures and seven commercial units, inclusive of a modification to a street side yard setback, and authorization of a cannabis retail use in a 1,821 SF commercial suite, subject to conditions of approval; and

3. Adopt Resolution #PC 2024-019 (Exhibit 4) recommending that the City Council adopt Ordinance No. 948 authorizing the City of Bell Gardens (City) to enter into and execute a DA by and between the City, BG Flower, LLC, and 7601 Eastern, LLC, to permit a cannabis use for a five (5) -year term, with the option to extend the DA for an additional five (5) years for a total 10 -year term in exchange for community benefits.

BACKGROUND:

BG Flower, LLC (Applicant), represented by Aram Ekimyan, proposes the construction of a 7,678.2 SF commercial planned development, as well as a modification of side yard setback requirements and operation of a cannabis retail use in a 1,821 SF commercial suite, and a DA to establish certain development rights to authorize the operation of the proposed cannabis retail use at the Subject Site for a term of up to 10 years, in exchange for community benefits (Project) located at 7601 Eastern Avenue (Subject Site). Specifically, the 7,678.2 SF commercial planned development will consist of four (4) single -story detached buildings with seven (7) commercial suites and one accessory bathroom structure for security (Exhibit 6). The cannabis retail use would occupy the northeast corner unit of approximately 1,821 SF in size. As part of this Project, the Applicant is also requesting a street side yard setback modification from 10 feet (10') to two feet (2') and five inches (5") to be more in line with setbacks of other structures in the surrounding neighborhood.

The Subject Site is identified by the Los Angeles County Office of the Assessor as Assessor's Identification Number (AIN) 6227-013- 024 (Exhibit 5) and is an approximately 24,570.8 SF parcel of land. The Subject Site is located within the Heavy Commercial (C-4) Zone and within the Regional Commercial (RC) General Plan Land Use Element designation. Zone C-4 conditionally permits commercial planned developments and cannabis retail uses, subject to the acquisition of a CUP.

Table No. 1 below, summarizes the zoning, land use designations, and uses for properties surrounding the Subject Site.

North
Zone
C-4
General Plan
RC
Use
Commercial (Parking)
South
Zone
C-4
General Plan
RC
Use
Commercial (Medical)
Table No. 1. Surrounding Land Uses
East
Zone
C-4
General Plan
RC
Use
Commercial
West
Zone
C-4
General
Plan
RC
Use
Office (SoCal Water
Company)
SITE DESCRIPTION:

The Subject Site is currently vacant and undeveloped. It was previously occupied by the Ace Hardware, which had occupied the Subject Site for more than 25 years. Based on information provided by the Bell Gardens Police Department, no calls for service have Exhibit 3
47 been received during the last three (3) years. The Applicant purchased the Subject Site from the City through the Surplus Land Act process and subsequently demolished the previous building.

PROJECT/SITE DESCRIPTION:

The Applicant is requesting a CUP that would authorize a commercial planned development, a modification of side yard requirements, and a cannabis retail use at the Subject Site and a DA to establish certain development rights to authorize the operation of the proposed cannabis retail use at the Subject Site for a term of up to 10 years, in exchange for community benefits.

In 2022, the Planning Commission approved a request to redevelop the Subject Site and construction of a two (2) -story 10,497.9 SF commercial and office structure (Site Plan Review No. 2022-022). The Project's proposed commercial planned development is included with this application. Pursuant to Bell Gardens Municipal Code (BGMC) Section 9.58.050 (variances and conditional use permits not subject to site plan review) and, if approved, would supersede the previously approved Site Plan Review No. 2022-022.

The proposed commercial planned development includes four detached buildings of modern design and would provide an off-street parking area developed with 30 parking spaces inclusive of two (2) parking spaces compliant with the 1990 American with Disabilities Act (ADA), eleven (11) electric vehicle (EV) charging spaces, eight (8) bicycle parking spaces, a trash enclosure, landscaping, and an accessory structure for a security guard restroom (Exhibit 6). Table 2, below, provides the square footage for each commercial suite proposed for the Project.

Table No. 2. Proposed Commercial Planned Development
Building
Unit
Square Footage
1 A
1,821
2 B
1290
C
1290
D
1290
3 E
555
F
556
4 G
804
Accessory Restroom

72.2 Total Development
7,678.2
If approved, the commercial planned development would accommodate the proposed storefront cannabis retail use in proposed "Unit A." Approximately 1,000 SF area would be dedicated to the storefront retail space, and approximately 821 SF would serve as a limited -access area, inclusive of one (1) ADA-compliant staff restroom, an office, and a saferoom (Exhibit 7). Unit A is proposed to be situated at the northeast corner of the Subject Site adjacent to the intersection of Eastern Avenue and Priory Street.

ANALYSIS:

General Plan Consistency
The Subject Site carries an RC General Plan Land Use Element designation. The RC Land Use Element designation refers to regional commercial uses that aim to supply the community and region with commercial facilities and is concentrated along parts of Eastern Avenue and Florence Avenue.

Policy 3 of the General Plan's Land Use Element promotes compatible commercial development to emphasize commercial identity and the enhancement, appearance, potential economic vitality, and revitalization of commercial areas in the City. The Project proposes to comply with applicable development standards and locational siting requirements with the exception of a street side yard setback, for which a modification is being requested to be consistent with surrounding neighborhood setbacks and to enhance the economic viability of the surrounding commercial areas. Therefore, the Project would be consistent with Policy 3.

Policy 5 of the General Plan's Land Use Element emphasizes the provision of an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses. The introduction of seven (7) proposed units for the conduct of permitted commercial land uses within four (4) detached buildings and a cannabis retail use would promote economic diversity while still regulating existing businesses. Therefore, the Project would be consistent with Policy 5.

Based on the aforementioned, if implemented, the Project would be consistent with the General Plan.

Zoning Consistency
The corresponding zone for the RC Land Use Element designation is Zone C-4, which conditionally permits commercial planned developments and the cannabis retail use, subject to certain siting requirements and development standards.

Compliance with Commercial Zone Development Standards
The Subject Site is an approximate 24,570.8 SF "L" shaped parcel and is currently vacant and undeveloped. The proposal includes the construction of a new 7,678.2 SF commercial planned development that, if approved, would meet lot standards, floor -to -area ratio, height maximum, screening, landscaping, lighting, trash enclosure, equipment, fences and wall requirements, and commercial development design and parking standards, with the exception of the side yard setback modification request, which staff considers incidental and necessary for consistency with the neighborhood and preservation of the proposed design.

As detailed below, the Subject Site is adequate in size, shape, and topography to support the proposed structures and business consistent with the BGMC's applicable zoning requirements and development standards, with a request for a modification of yard setback. The historic subdivision plans make compliance with the BGMC's 10 -foot street side yard setback requirement impractical Exhibit 3 48

because the lot configuration originated with antiquated subdivisions. The Heyman Tract recorded on June 10, 1865, and TR9964 recorded on June 6, 1927, both prior to the time of the 1971 California Subdivision Map Act (Gov. Code § 66410 et seq.), which regulates and controls the division of land, design, improvements and survey data to be observed when securing subdivision entitlements and is currently the method by which all legal subdivisions within the state are evaluated and processed. In other words, the parcel of land was configured before current area and lot design requirements and are inapplicable to contemporary development.

Offers to dedicate streets or highways to the public were, in all cases where practical, approximate right angles to the street and could have caused impractical conditions for meeting some existing development standards.

Yard Setbacks
BGMC Table 9.12B provides the applicable yard setback requirements for properties located within Zone C-4. As demonstrated in Table 3 below, and consistent with Exhibit 6. As noted below, the Applicant is requesting for side street (Priory Street) yard setback modification from 10 feet to two (2) feet and five (5) inches at the shallowest point, pursuant to BGMC Section 9.46.110.

Table No. 3. Yard Setback Analysis
Yard
Required
Provided
Compliant to Code
Front
5 feet
5 feet
Yes
Side
10 feet or None
5 feet
Yes[1]
Street Side
10 feet
2 feet -5 inches
Yes, with the proposed modification
pursuant to BGMC Section 9.46.110.

Rear
10 feet or None
Minimum 5 feet
Yes1
Lot Coverage and Floor -to -Area Ratio
BGMC Table 9.12B permits up to 90 percent (90%) lot coverage and permits a maximum Floor -to -Area Ration (FAR) of 5.0.

The Subject Site is a 24,570.8 SF lot and the proposed 7,678.2 SF development would occupy approximately 30 percent (30%) of the Subject Site and an FAR of 3.35 (Exhibit 6). Therefore, the Project complies with the BGMC's lot coverage and FAR standards.

Height
As shown in Table 9.12B, there is no maximum height for Zone C-4. The Project proposes a maximum height of 19 feet and two inches (19'-2"), as demonstrated in the architectural elevations (Exhibit 8). BGMC Chapter 9.04 requires height to be measured from the average natural grade around the perimeter of the structure to the highest point of the coping of the proposed flat roof. Therefore, the newly constructed buildings would comply with the City's height restrictions.

Screening of Mechanical and Utility Equipment
Pursuant to BGMC Section 9.12.040, all mechanical equipment must be shielded with a decorative screen to ensure such equipment is not visible from street level and must be placed at least six inches (6") below the top of the lowest building parapet or decorative screen. The newly constructed building would comply with the requirement that outside utility equipment such as utility meters, new heating, ventilation, and air conditioning (HVAC) equipment, etc., be screened from public view from the public right-of-way as depicted in the proposed elevations (Exhibit 8).

Elevation plans depict proposed compliance with screening requirements since a five-foot (5') — five inch (5") high parapet facade would surround the roofing of the structure. Rooftop screening material and color would be architecturally compatible with the primary building and adjacent structures as depicted in the complementary color pattern. The proposed color pattern would facilitate plumbing lines and HVAC equipment as enclosed or otherwise screened from view from the public right-of-way.

Landscaping
The Project would comply with the City's landscaping requirements. Section 9.34.030 of the BGMC requires, in addition to all required setbacks being landscaped, a minimum of five percent (5%) of the parking area to be landscaped with live plant materials. The Subject Site is a 24,570.8 SF parcel of land and the parking coverage is approximately 10,463 SF area. Five percent (5%) of the parking area equals 523.15 square feet (sf). The Project proposes a total combined 2,648 SF landscaped area as demonstrated in the Landscape Plan (Exhibit 9), which incorporates landscaping area for all required setbacks and the minimum -required parking area landscaping.

The Project would exceed the BGMC's landscaping requirements and therefore complies.

Lighting
According to the submitted Lighting Plan (Lighting Plan) (Exhibit 10), proposed lumens would be consistent with minimum impact with respect to glare that might adversely affect the tenants and purposes of this zone or adjacent zones. Lighting is depicted to target illumination of the structures and proposed parking area to avoid excessive spillover beyond the Subject Site property lines. The conditions of approval for CUP No. 2024-054 would require compliance with the submitted Lighting Plan. Compliance with the Lighting Plan requirements are also incorporated by reference into DA No. 2024-054.

Parking
A cannabis retail use must provide off-street parking consistent for "business general" as set forth in BGMC Section 9.38.050. As demonstrated in Table No. 4 below, the Project would be required to provide 20 parking spaces for the 7,678.2 SF commercial planned development proposed to be used for the conduct of permitted commercial activity land uses. The Applicant proposes 30 parking spaces, inclusive of two (2) ADA-compliant parking spaces (Exhibit 6).

Table No. 4. Parking Analysis
Required Parking — BGMC § 9.38.050(C)(2)
Required
Provided
Exhibit 3
49 General business: one (1) space per 400 sf
7678.2 / 400
20 Spaces
30 spaces
Unit A
5 Spaces
5 Spaces
Loading Facilities
Section 9.38.110 of the BGMC requires a minimum 250 SF loading space where the gross floor area of all buildings on a lot or parcel is less than 20,000 SF.

The Project proposes one (1) loading space of 10 feet (10') wide and 25 feet (25') deep, totaling 250 sf, at the rear of the Subject Site.

Therefore, the loading facilities would comply with BGMC Section 9.38.110.

Trash Enclosures
BGMC Chapter 9.44 requires an on -site refuse dumpster on commercial sites and the maintenance of a trash enclosure area.

The proposed trash enclosure dimensions are 11 feet, four inches (11'-4") deep by 13 feet (13') wide, with a masonry wall of six feet (6') in height and two metal gates (Exhibit 8) and therefore, comply with BGMC Chapter 9.44 requirements.

Wall -Mounted Equipment
Section 9.12.040 of the BGMC, commercial development standard matrix requires that water heater enclosures, vents, fleshings, pipes, and conduits for solar or other equipment to be painted the same color as the surface to which they are attached.

Condition No. 78 would require all above equipment be screened from public view and treated to match the materials and colors of the proposed building; therefore, the Project complies with the BGMC's requirements.

Fences and Walls
Development of a fence, low barrier wall or walls on a project site must be established and erected in accordance with provisions of BGMC Chapter 9.32.

Temporary chain link fencing currently exists at the Subject Site and the building used as a medical clinic located at 7615 Eastern Avenue has no setback, serves as a physical property boundary, and borders the south property line. The Project would remove the existing chain link fencing after construction does not propose any new fences or walls.

Exterior Building Features
BGMC Section 9.12.040, Design Standards for all Commercial Development Matrix (Table 9.12) requires that (a) all building walls on a lot to be painted the same or complementary colors; (b) windows and doors on new construction to be of consistent style, material, and colors; (c) all windows and door trims, fascia boards, and similar trim features should be of the same or complementary material, style, and color; and (d) roofs on new buildings to be the same material, color and style as the roofs on existing buildings on the lot.

As demonstrated in the architectural elevations (Exhibit 8), the planned commercial development would comply with the applicable requirements for exterior building features that incorporate the use of the same or complementary colors, material, and style pursuant to Table 9.12B of the BGMC (Development Standards). The proposed exterior material schedule includes a combination of cool and warm color tones over a combination of stucco, metal panels, cement siding, and perforated metal. The new buildings would provide tempered glass front windows and glass doors, decorative metal fixtures, and visually dynamic features associated with a modern/contemporary architectural style.

Exterior Site Features
The Exterior Site Features standards in Table 9.12 requires that new fences and walls to be of consistent materials, design, color and that driveways, walkways, etc., to be free of gouges, ruts, and/or gaps so that the paved surface areas are maintained and in good working order to not constitute a safety hazard to the public.

Condition No. 83 confers the Applicant's responsibility over improvements of driveway approaches, curbs, gutters, sidewalks, and streetlights. The Applicant is required to sign an affidavit to abide by conditions requiring good working order of driveways, walkways and other pedestrian and vehicular paths that would remain free of gouges, ruts, and/or gaps in the paved surface areas. Therefore, the Project complies with BGMC Section 9.12.040.

Signs
The Project proposes signage for the cannabis retail storefront located in Unit A, only. Pursuant to BGMC 9.48.030 (Eastern and Florence Avenue Sign Standards), the Applicant proposes one (1) sign to be located on the Eastern Avenue storefront at approximately 15.28 square feet (under the maximum 10 percent (10%) allowed), which complies with BGMC Section 9.48.030.

Condition No. 24 of the CUP requires the Applicant to submit plans for review for signage approval prior to installation of any future tenants. Any future proposed signage would be required to comply with the BGMC's standards for signage on Eastern and Florence Avenues.

Windows
Section 9.20.160(B)(3) of the BGMC requires that windows facing the street frontage be clear, untinted glass. Mirrored, reflective, or tinted glass may only be permitted as architectural or decorative accents and shall not comprise more than 20 percent (20%) of the window.

As noted on the Door and Window Schedule (Exhibit 11), the glass proposed would be clear tempered glass throughout, thus, consistent with the requirement.

Exhibit 3 50

Decorative Railings and Grilles
BGMC Section 9.20.160(B)(4) requires that any decorative railings and grilles placed in front or behind windows be at least 75 percent (75%) open to perpendicular view and no more than six feet (6') in height. Security gates and grilles shall be prohibited on the exterior of any structure.

The Project does not propose any decorative railings, grilles, or security gates or grilles; therefore, the Project would comply with the BGMC's requirements.

Compliance with Eastern and Florence Facade and Design Standards Commercial businesses located on Eastern Avenue are subject to the requirements contained in BGMC Chapter 9.48 (Eastern and Florence Avenues Design Standards) as described in more detail below.

Signage (Wall Signs, Sign Size, and Sign Design)
As stated above, the Project proposes signage on Unit A at the Subject Site that would comply with BGMC Section 9.48.030.

Condition No. 24 of the CUP would also require the Applicant to submit plans for review for signage approval prior to installation of any future tenants.

Materials
The Project proposes colors and materials that comply with Section 9.48.040(A) of the BGMC standard that requires any exposed building elevation to be architecturally treated in a consistent manner, including the incorporation within the side and rear building elevations of some or all of the design elements used for the primary facades. The Project facade design considers the adjacent structures by proposing the use of materials, such as a combination of smooth stucco, metal panels, and cement siding and, therefore, complies with the BGMC's requirements.
• - Colors
The Project design proposes a combination of smooth stucco, metal panels, cement siding, and perforated metal offering a combination of cool and warm color tones. The new building would be provided with tempered glass front windows and glass doors, decorative metal fixtures, and visually dynamic features associated with a modern / contemporary architectural style and, therefore, complies with the color standards contained in Section 9.48.040(B) of the BGMC. - Awnings
There are no awnings in the proposed design. Therefore, the standards contained in Section 9.48.040(C) of the BGMC are not applicable to the Project.

Mechanical Equipment
Elevation plans depict proposed compliance with screening requirements since a five-foot (5') — five inch (5") high parapet facade would surround the roofing of the structure, with the HVAC behind the proposed parapet wall. Other mechanical equipment elements are depicted screened from public eye. Therefore, the Project complies with the provisions of Section 9.48.040(D) of the BGMC. • Prohibited Security Elements
Section 9.48.040(E) prohibits the use of chain -link, barbed and concertina wire fences; requires all security bars or grilles to be installed on the inside of the building; horizontally folding accordion grilles installed in front of a storefront or in the interior which must not be visible, and roll -up -type shutters should be open, decorative grilles and concealed within architectural elements of the building.

Solid -type shutters are prohibited.

The Project does not propose any prohibited security elements in the Project design. Therefore, the Project complies with standards found in Section 9.48.040(E) of the BGMC.

Impacts on City Resources
A cannabis retail use is similar to other commercial uses permitted in the City's Commercial and Industrial Zones. Cannabis retailers are subject to the same or more restrictive development standards than other commercial uses. Patrons would arrive at the Subject Site and visit a retailer for short periods of time, typically no longer than 30 minutes to make their purchase, similar to other retail uses.

As described below, there is no anticipation that the Project would have an impact on existing resources and utilities.

Traffic Volumes
The Subject Site is located on Eastern Avenue, which is one of the primary commercial corridors in the City. Eastern Avenue is designated as a major highway in the 2022 Transportation and Circulation Element, as a part of the City's General Plan. In accordance with this element, Eastern Avenue is a major highway designed to move large volumes of traffic through the community to freeways, other boulevards, or avenues. Major highways are intended to keep through -traffic off the local streets and out of residential areas.

Entrance to the parking lot would be provided via Priory Street on the northern side of the Subject Site away from traffic flow and with low likelihood to disrupt major highway large volume traffic patterns.

The Project is proposed along a major highway that currently carries large volumes of traffic to support the existing development along Eastern Avenue. The introduction of an 1,821 SF cannabis retail use, along with the other proposed retail spaces, on a commercial corridor that operates similarly to other retail operations is unlikely to result in a substantial increase in traffic volumes. Therefore, no substantial increase in pedestrian or vehicular traffic volume to the Subject Site is expected to occur as a result of the Project if CUP No. 2024-054 is granted.

Utilities
The previously approved development at the Subject Site (Site Plan Review 2022-022) would have resulted in an approximately 3,000 SF development and was provided with will -serve letters for utility services. The Applicant has reached out to the various utilities Exhibit 3 51

servicing Bell Gardens to obtain will -serve letters. Thus far one letter has been received, and those pending would be required as proposed Condition No. 70.

Conditional Use Permit
On June 26, 2023, the City Council adopted Ordinance No. 934 which permits a cannabis retail use as a conditional use in Commercial and Industrial Zones, subject to certain locational requirements, inclusive of distance from sensitive uses such as parks, schools, youth centers, and other existing cannabis retail uses. Uses permitted through a CUP may be essential or desirable to a particular community but are not allowed as a matter of right within a zoning classification and require a public hearing process. A CUP allows flexibility within a particular zone and enables certain use controls to address issues which could have detrimental effects on the community. It is the responsibility of the Planning Commission to impose conditions and/or limitations on the operation of the proposed use.

Ordinance No. 934 also limits a cannabis retail use for a term of 18 months unless the Applicant executes a development agreement with the City for a longer term. As discussed in further detail below, the Applicant has requested, and the staff recommends, the entering into and executing DA No. 2024-054 with the Applicant and Property Owner, as presented in the staff materials, for a term not to exceed 10 years in exchange for annual and quarterly community benefits.

In addition to a CUP, the Applicant would be required to obtain a California Department of Cannabis Control (DCC) Type 10 cannabis retail license and a business regulatory permit pursuant to BGMC Chapters 5.12 and 5.64, among other state and local approvals prior to commencing operations.

Locational Requirements
In order to approve a CUP for a cannabis retail use, the following locational requirements apply to all cannabis retailers for proximity to sensitive uses and proximity to other cannabis retailers. If approved, and as detailed below, the Project would comply with locational siting requirements set forth in Section 9.20.160 of the BGMC.

Distance from Sensitive Uses (600 -Foot Radius)
A cannabis retail use may not be located within a 600 -foot radius of a day care center, youth center, school, or park as defined in BGMC Chapter 9.04, that is existing at the time an application for a conditional use permit is submitted.

At the time of application and based on the staff's recent analysis, no active sensitive use is located within a 600 -foot radius (Exhibit 12). In addition, there are no known sensitive uses or other active cannabis retail within a 1,500 -foot radius (Exhibit 13).

Distance from Cannabis Retailers (500 -Foot Radius)
A cannabis retail use may not be located within a 500 -foot radius of another cannabis retailer that is existing at the time an application for a conditional use permit is submitted.

At the time of application, no other active cannabis retail use is located within a 500 -foot radius (Exhibit 14), nor 1,500 -foot radius (Exhibit 13).

Restricted Use Within the Civic Center Overlay District A cannabis retail use may not be permitted within the Civic Center Overlay District (CCOD). The CLOD encompasses Garfield Avenue, with the borders of Florence Place to the south and Gage Avenue to the north. The Subject Site is located on Eastern Avenue, which is outside of the prohibited use area of the CLOD.

Restricted Areas (BGMC 9.20.160(A)(2))
A cannabis retail use may not be permitted within the boundaries delineated in Section 9.20.160(A)(2) of the BGMC. The restricted boundaries located on Eastern Avenue and Florence Avenue are as shown in Figure No. 1. The Subject Site is located between Priory Street and Clara Street, on the western side of Bell Gardens and due south of the prohibited areas of the restricted boundaries of other prohibited areas pursuant to Section 9.20.160(A)(2) of the BGMC. (See Figure No. 1 — Restricted Area) To minimize any potential concerns to neighboring properties and ensure that the operation of the cannabis retail store conforms to the City's General Plan, conditions of approval have been included as part of Planning Commission Resolution #PC 2024-018 to address general operating conditions, the hours of operation, standards, and security for the Subject Site.

Lighting, Odor Mitigation, and Security Plans
BGMC Chapter 5.64 requires a cannabis retailer to comply with specific operating standards. If CUP No. 2024-054 is approved, the Applicant would be required to implement the Lighting Plan, Odor Mitigation Plan, and Security Plan to provide safe and secure surroundings for both customers and the surrounding neighborhood. The Applicant has provided a Lighting Plan (Exhibit 10), Odor Mitigation Plan (Exhibit 15), and Security Plan (Exhibit 16) to comply with the operating standards outlines in BGMC Chapter 5.64. If approved, these plans would be incorporated by reference as exhibits into the proposed conditions of approval for CUP No. 2024-054 as well as DA No. 2024-054.

Lighting Plan
The Applicant has provided a lighting and photometric plan to support the cannabis retail use (Lighting Plan) (Exhibit 10). According to the Lighting Plan, proposed lumens would be consistent with minimum impact with respect to glare that might adversely affect the tenants and purposes of this zone or adjacent zones. Lighting is depicted to target illumination of the structures and proposed parking area to avoid excessive spillover beyond the Subject Site property lines. The conditions of approval for CUP No. 2024-054 would require compliance with the submitted Lighting Plan. The requirements of the Lighting Plan are also incorporated by reference into DA No. 2024-054.

Exhibit 3 52

Odor Mitigation Plan
The Applicant has provided a minimal Odor Mitigation Plan (Exhibit 15), addressing concerns over cannabis product odor that may be produced as a result of this retail store. No specifications of air filtration systems that would be installed are provided, however the following notation states:
"An air balance report and odor color certification prepared by Airplus Engineering Consultants, a registered design professional, who shall design the system to be submitted to the City's Building Division for review and approval prior to issuance of a certificate of occupancy."
The Applicant proposes to carry a full range of cannabis and cannabis products, and proposes:
• installation of equipment with an inline charcoal exhaust system in every space that contains cannabis product, a system that would remove 99% of odors, and
would create negative air pressure between the retail store's interior and exterior.

Security Plan
The Applicant has provided a Security Plan (Exhibit 16) to address public safety issues inclusive of the installation and operation of security and monitoring. The Security Plan would be incorporated into the conditions of approval for the CUP and incorporated by reference into DA No. 2024-054 and would require compliance with the submitted plan.

The Security Plan proposes one (1) security guard, one (1) security manager, staff badges, restricted access areas, staff security training, participation in the track and trace system, and 24 -hour surveillance.

The Applicant has provided a cash management plan within the security plan to address any cash transactions; whilst the focus of the business would be to encourage digital transactions and electronic payment.

The Applicant would be required to follow the California DCC's customer age verification as a part of standard business practice and as a security measure to ensure that cannabis is only purchased by adult use customers aged 21 and older, using an electronic verification device, as required by the conditions of approval. Planning Commission Resolution #PC 2024-018 includes proposed conditions of approval incorporated by reference as Attachment A to address concerns that patrons of the cannabis retail business that purchase product be 21 years of age (Condition No. 29) and that all employees be at least 21 years old (Condition No. 30) or are medicinal patients aged 18 or older with a physician's recommendation (Condition No. 29); along with conditions for security concerns.

Hours of Operation
DCC hours of operation would be restricted to 6:00 a.m. until 10:00 p.m. (last transaction), Monday through Sunday, with the last delivery order to be placed by 9:00 p.m., and all delivery vehicles returned no later than 10:00 p.m., unless stricter hours are imposed by a local municipality. Staff has conducted a survey of the permitted hours of the municipalities surrounding Bell Gardens withing a three (3) mile radius and have determined the most common closure time is 10:00 p.m., but at least three (3) stores within this 3 -mile radius close at 9:00 p.m. Local municipalities may permit hours of operation consistent with DCC regulations or restrict hours through a condition of approval.

Under unique circumstances, it could be appropriate to condition stricter hours of operation if the City finds that reduced hours of operation could address concerns of neighborhood compatibility, loitering, traffic and congestion, and noise. However, reduced hours may lead to other drawbacks such as reduced economic impact to public benefit funds, favored surrounding market competition, and enforcement challenges. Staff currently recommends hours of operations be restricted to 10:00 a.m. to 10:00 p.m., which are addressed in Condition No. 23 of the CUP 2024-054.

A request for a development agreement can be used when there are significant development costs and economic risks associated with efforts to improve, develop, and/or use real property for a certain purpose and to establish certain development rights on real property. A development agreement must be approved and adopted by ordinance. The City Council's legislative action on a development agreement ordinance could facilitate the orderly development of sites within Bell Gardens, promote shared goals and vision, protect natural resources from adverse impacts, provide community benefits, and reduce economic risk for all stakeholders.

Additionally, the Development Agreement Procedures dictate that the City Manager, Community Development Director, and City Attorney shall negotiate the terms of the development agreement prior to presenting them to the Planning Commission and City Council. However, the City Council has the ultimate authority on the terms of a development agreement, so long as they are consistent with the Development Agreement Procedures.

Community Benefits
As presented in the proposed DA (Exhibit 2), the Applicant would provide an annual community benefit in the amount of One Hundred Exhhb°t sand Dollars ($100,000) (Annual Community Benefit) upon Ae effective date for the development agreement and renewed on an

annual basis, every January. The Applicant would also be required to pay a quarterly community benefit in the amount that is equivalent to seven percent (7%) of gross receipt sales on a quarterly basis (Quarterly Community Benefit) (Annual Community Benefit and Quarter Community Benefit are hereinafter collectively, Community Benefit Fees). The rate of the Quarterly Community Benefit is based on gross receipts, as defined in the DA (Gross Receipts).

Pursuant to the Development Agreement Procedures, the DA would require that 80 percent (80%) of all community benefits would be dedicated toward youth and educational programming and resources for the City's housing programs. Benefits for youth and educational programming would be dedicated to the City's Recreation and Community Services Department and be utilized for, but not limited to, youth programming, after -school programs, sports programming, personal enrichment classes, or capital improvements on City -owned properties; and community benefits for the City's housing programs shall be dedicated toward the Community Development Department and would be utilized for housing programming and long-range planning, including but not limited to affordable housing, rent stabilization and tenant protection efforts, and other land use planning efforts.

The conditions of approval for CUP No. 2024-054 which clearly outline specific conditions, requirements, and timelines for the development of the retail storefront facility to help ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable, would be expressly incorporated into the terms of the DA No. 2024-054. In addition, the DA would provide the Applicant with assurances that would enable the Project to exist for a term of up to 10 years in exchange for community benefits, as described above. The DA is designed to facilitate ongoing communication and collaboration between the Applicant, who would be licensee, and the City addressing concerns and ensuring the cannabis retail use aligns with community values and interests by requiring the Applicant to submit evidence of compliance with all terms and conditions to the City on an annual basis. Balance would be promoted with the operational flexibility built into the DA addressing unforeseen challenges or changes in circumstances, allowing for adjustments as needed through City Council approval. Compliance with the DA and its terms and conditions would be subject to an annual review, whereby if the City determines that the Applicant is not in compliance with the DA, the City may modify or terminate the DA.

Cost Recovery Fees
Separate and apart from Community Benefit Fees, the development agreement contains language that requires the operator to reimburse the City for fees and charges imposed to cover actual and reasonable expenses incurred in processing permits, licenses, other entitlements, inquiries, and requests related to the DA (Cost Recovery Fees). Cost Recovery Fees also includes costs associated with administering the assignment of rights under the DA as well as costs associated with annual review of the DA.

The imposition of Cost Recovery Fees ensure that the City is able to maximize the revenue sought after by the DA, without having to absorb the costs associated with processing applications and monitoring compliance with applicable laws and regulations, conditions of approval and other applicable terms.

DA Term
Similar to the other development agreements considered by the City, DA No. 2024-054 would permit a cannabis retail use at the Subject Site for an initial five (5) -year term, subject to an option to extend the term for an additional five (5) years, for a total 10 -year term. In order to effectuate the option to extend the DA for an additional five years, the Applicant must submit notice to the City Manager six months prior to the expiration of the initial five-year term of its desire to extend the term of the DA. As proposed, exercising the five- year extension is expressly contingent on compliance with applicable state and local laws, the DA, CUP 2024-054, the BGMC, state cannabis licenses, and any additional City approvals. Additionally, the DA term may not be extended if an operator is currently under default of the DA. Allowing the City the opportunity to review an operator's compliance with the foregoing grants the City assurances that cannabis retailers are operating within the confines of the law, nuisance impacts are being addressed, and the City is taking in revenue and able to recover costs associated with processing and monitoring compliance with the development agreement.

Assignment of Interests & Obligations of Any Successors -In -Interest As proposed, DA No. 2024-054 requires City Council approval prior to selling, assigning, or transferring any part of the rights, title, duties, obligations, and interests in any portion of the Subject Site or Project that is subject to the DA to another party. Requiring the examination of any proposed transfer or assignment of rights allows the City to determine whether it wants to engage in a long-term agreement that would vest a prospective operator's land use rights to operate a cannabis retail location.

In addition, the DA includes language that would ensure that successors -in -interest, assigns, and transferees and subsequent property owners accept constructive notice of the duties and obligations contained within the DA. Property owners and the operators are also jointly and severally liable pursuant to the terms of the proposed DA.

Recommendations to the City Council
The proposed conditions of approval for CUP No. 2024-054 dearly outline specific conditions, requirements, and timelines for the development of the Project would ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable, would be expressly incorporated into the terms of the DA No. 2024-054. In addition, the DA would provide the Applicant with assurances that would enable the Project to exist for a term of up to 10 years in exchange for community benefits. The DA is designed to facilitate ongoing communication and collaboration between the Applicant, who would be licensee, and the local community addressing concerns and ensuring the storefront cannabis retail use aligns with community values and interests by requiring the Applicant to submit evidence of compliance with all terms and conditions to the City on an annual basis. Balance would be promoted with the operational flexibility built into the DA addressing unforeseen challenges or changes in circumstances, allowing for adjustments as needed through City Council approval. Compliance with the DA and its terms and conditions would be subject to an annual review, whereby if the City determines that the Applicant is not in compliance with the DA, the City may modify or terminate the DA.

Adoption { of an ordinance subject to the approval of a development agreement would be justified by the legal protections and facilitated Ex apprival processes afforded by the DA. Financial stability coul also be helped since the DA outlines financial commitments to help

ensure long-term viability of the cannabis retail operation and provide a stable revenue stream for the City.

Staff believes that the proposed development agreement (Exhibit 2) is in the best interests of the City while still providing the Applicant with the assurances and certainty that are typically sought under a DA. [1] If a setback is desired, it must be a minimum setback of five feet from side or rear property lines to prevent narrow and unsecured spaces between buildings and property lines.

ENVIRONMENTAL REVIEW:

In accordance with the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal.

Code Regs., tit. 14, § 15000 et seq.), staff recommends CUP No. 2024-054 and DA No. 2024-054 be determined to be exempt from CEQA pursuant to CEQA Guidelines Section 15332, Class 32 (In -fill Development Projects) and Section 15061(b)(3) (Common Sense Exemption). As discussed above, the project is consistent with the RC Land Use Element designation and all applicable general plan policies and applicable zoning designation and regulations; the Subject Site is less than five acres and surrounded by urban uses; the Subject Site has no value as habitat for endangered, rate or threatened species; would not result in significant effects related to traffic, noise, air quality or water quality; and the Subject Site can be adequately served by all required utilities and public services. As discussed above, a larger project was previously approved at the Subject Site and was determined to be categorically exempt pursuant to CEQA Guidelines Section 15532. As a previously disturbed site that contained a commercial retail use the Subject Site would not have any further impacts that the previous commercial development and would likely result in lesser impacts due to the need for new development to comply with energy efficiency and other environmental standards. Further, a cannabis retail use has similar impacts as other typical commercial uses and would be subject to the same or more restrictive development and operating standards as other commercial uses. Therefore, it can also be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

CONCLUSION:

It is recommended that the Planning Commission determine the Project categorically exempt from CEQA; approve Conditional Use Permit No. 2024-054 for a planned commercial development, modification of a street side yard setback, and a cannabis retail use through the adoption of Resolution #PC 2024-018; and recommend to the City Council the approval of an ordinance to authorize the City to enter into and execute DA No. 2024-054 through the adoption of Resolution #PC 2024-019.

FISCAL IMPACT:

If the CUP and DA are approved, the Applicant would be required to make an up -front payment Annual Community Benefit equal to One Hundred Thousand Dollars ($100,000) by the effective date of the DA and make an annual contribution every January following the execution of the DA. The Applicant would also be required to submit Quarterly Community Benefits equal to seven percent (7%) of Gross Receipts as defined in the DA upon after operations of commenced. Eighty percent (80%) of these funds would be dedicated to youth and recreational programming and the City's housing programs. Under the DA, the Applicant would also be responsible for Cost Recovery Fees.

ATTACHMENTS:

Exhibit 1 - DA 2024-054 - Ordinance No. 948
Exhibit 2 - DA Noe 2024-054
Exhibit 3 - Reso PC 2024-018 - CUP 2024-054 - KUSH 7601 Eastern Avenue Exhibit 4 - Reso PC 2024-019 - DA 2024-054 - KUSH 7601 Eastern Avenue Exhibit 5 - 2024-054 - KUSH 7601 Eastern Avenue - LA County Assessor Map Exhibit 6 - 2024-054 - KUSH 7601 Eastern Avenue - Site Plan Exhibit 7 - 2024-054 - KUSH 7601 Eastern Avenue - Floor Plan Exhibit 8 - 2024-054 - KUSH 7601 Eastern Avenue Architectural Elevations Exhibit 9 - 2024-054 - KUSH 7601 Eastern Avenue - Landscape Plan Exhibit 10 - 2024-006 - KUSH 7601 Eastern Avenue - Lighting Plan Exhibit 11 - 2024-054 - KUSH 7601 Eastern Avenue - Door and Window Schedule Exhibit 12 - 2024-054 - KUSH 7601 Eastern Avenue - 600 Foot Sensitive Uses Radius Map Exhibit 13 - 2024-054 - KUSH 7601 Eastern Avenue - 1500 Foot Radius Map Exhibit 14 - 2024-054 - KUSH 7601 Eastern Avenue - 500 Foot Uses Radius Map Exhibit 15 - 2024-054 - KUSH 7601 Eastern - Odor Plan
Exhibit 16 - 2024-054 - KUSH 7601 Eastern Avenue - Security Plan Exhibit 17 - 2024-054 - KUSH 7601 Eastern Avenue - Public Hearing Notice APPROVED ELECTRONICALLY BY:

Lloyd Pilchen, Deputy City Attorney for Rick R. Olivarez, City Attorney Gustavo Romo, Deputy City Manager / Community Development Director Exhibit 3 55

RESOLUTION #PC 2024-018

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BELL GARDENS APPROVING CONDITIONAL USE PERMIT NO. 2024- 054 (File No. 2024-054)
WHEREAS, Aram Ekimyan, representing "BG Flower, LLC" (Applicant) and 7601 Eastern, LLC (Property Owner), has requested approval of a conditional use permit (CUP) and a development agreement (DA) to develop and operate a Kush Co. storefront cannabis retail business in the City of Bell Gardens (City); WHEREAS, CUP and DA No. 2024-054 request the authorization of a cannabis retail use, subject to conditions of approval and an ordinance to approve a DA authorizing the entering into an agreement to establish certain development rights in exchange for public benefits by and between the City, BG Flower, LLC, and 7601 Eastern, LLC for the property located at 7601 Eastern Avenue (Subject Site); WHEREAS, CUP No. 2024-054 includes the site plan review of the construction of a new one-story, four structure, approximately 7,678.2 square -foot (SF) commercial complex with 30 parking spaces, exterior lighting, and landscaping; WHEREAS, the proposed cannabis retail use would occupy an approximately 1,821 SF suite located in the commercial development, otherwise known as "Unit A"; WHEREAS, on June 26, 2023, the City Council adopted Ordinance No. 934, which conditionally permits a cannabis retail use within Commercial and Industrial Zones, subject to certain siting requirements and conditions of approval for a term of 18 months unless an applicant executes a DA with the City;
WHEREAS, the Subject Site is designated within the City's General Plan Land Use Element as Regional Commercial (Commercial) (RC);
WHEREAS, the RC Land Use Element designation has been concentrated on parts of Eastern Avenue and Florence Avenue and refers to regional commercial and are the hub of commercial activity;
WHEREAS, located in the Heavy Commercial (C-4) Zone, which is the corresponding zone for the RC Land Use Designation is the, which conditionally permits a cannabis use, subject to certain Iocational requirements and development standards; WHEREAS, the intent and purpose of Bell Gardens Municipal Code (BGMC) Chapter 9.20 is to provide "supplementary provisions for uses which the city finds require special attention due to their sensitive nature and potential impacts to the community;" WHEREAS, the Applicant requested, pursuant to BGMC Chapter 9.50, the Planning Commission to approve a CUP for a cannabis retail use with conditions which are deemed necessary to ensure the proposed use will not jeopardize, adversely affect, endanger, or otherwise constitute a nuisance to the public health, safety, or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such conditional use;
Exhibit 4 56

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WHEREAS, a DA would permit a cannabis retail use for a term of five (5) years, with an option to extend the term for an additional five (5) -year term, in exchange for public benefits;
WHEREAS, the approval of CUP No. 2024-054 would promote the public health, safety, and general welfare because it would facilitate the orderly development of the Subject Site, create a physical environment that would be consistent with and complement the City's goals and visions since new construction would comply with BGMC provisions for building, energy efficiency, and development standards; protect natural resources from adverse impacts because vegetation installed would be drought tolerant and found by an arborist to likely thrive at the Subject Site; improve, upgrade, and create additional community facilities and infrastructure, enhance services and assist in implementing the goals of the General Plan since the proposed development would comply with low impact development guidelines to manage stormwater runoff in a way that mitigates the impacts of pollution to rivers, lakes, streams and the ocean; and reduce the economic risk to the surrounding community since a development agreement would establish certain development rights on real property in exchange for public benefits to the City;
WHEREAS, Policy 3 of the General Plan Land Use Element provides that the City shall promote compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization of the commercial areas in the City;
WHEREAS, the Project is consistent with Policy 3 because the Project would result in a new facility proposed to be constructed in a contemporary style attractive to visit with adequate space for ease of access and a comfortable shopping experience to increase economic vitality and revitalization of the commercial area that has been vacant and unused for at least 20 years;
WHEREAS, Policy 5 of the Land Use Element requires the City to provide an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses;
WHEREAS, the Project is consistent with Policy 5 because it would involve the redevelopment and activation of a vacant commercial site; WHEREAS, the Project is also consistent with Policy 5 because it could employ locally and add potential stability to the area through increased property values associated with new construction and the conduct of well -run business could impact other businesses for increased area economic viability;
WHEREAS, the approval of CUP No. 2024-054 would not jeopardize, adversely affect, endanger, or otherwise constitute a nuisance to the public health, safety, or general welfare of the community because the Project would activate reinforce security to a Exhibit 4 57

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vacant commercial parcel;
WHEREAS, the Subject Site meets the siting requirements including the areas that prohibit a cannabis retail use pursuant to Section 9.20.160 of the Bell Gardens Municipal Code (BGMC), inclusive of the 600 -foot distancing requirement of day care centers, youth centers, schools, and parks and 500 -foot distancing requirement from any other cannabis uses;
WHEREAS, the Applicant has provided a Lighting Plan, Odor Mitigation Plan, and Security Plan (collectively incorporated herein by reference) that aim at providing safe and secure environmental for both customers and the surroundings, and that enhance the retail experience and the unique community identity, maintain air filtration, and provide safe and secure surroundings, and memorialized by required conditions of approval; WHEREAS, the Subject Site is approximately 24,570.8 SF, "L" shaped and adequate in size, shape, and topography to accommodate a 7,678.2 SF commercial complex, with 30 parking spaces, one (1) 250 SF loading space, exterior lighting, and landscaping to support the proposed use;
WHEREAS, the Applicant's request for a side street (Priory Street) yard setback modification from ten (10) feet to two (2) feet and five (5) inches at the shallowest point is granted;
WHEREAS, the Subject Site is located on Eastern Avenue, which is one of the commercial corridors in the City and designated as a major highway in the 2022 Transportation and Circulation Element, as a part of the City's General Plan; WHEREAS, as Eastern Avenue is designated as a major highway, which is designed to move large volumes of traffic through the community to freeways, other boulevards, and avenues, and keep through -traffic off the local streets and out of residential areas;
WHEREAS, the introduction of an 1,821 SF cannabis retail use in an already - developed commercial corridor that operates similarly to other retail operations is unlikely to result in a substantial increase in traffic volumes; WHEREAS, the County of Los Angeles Fire Department has determined that the Site can be adequately served by the required utilities, of quantities and pressures required by the fire code to provide adequate protection; WHEREAS, Applicant and Developer propose to address concerns relating to safety, odor, and nuisance with lighting, odor mitigation, and security plans that enhance the retail experience and the unique community identity, maintain air filtration, and provide safe and secure surroundings, memorialized by required conditions of approval; WHEREAS, to strengthen the public planning process, encourage private Exhibit 4 58

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participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code Section 65864 et seq. (Development Agreement Statute), which authorizes the City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights on real property in exchange for public benefits; WHEREAS, consistent with the requirements of the Development Agreement Statute, the City adopted Resolution 2023-043 (Development Agreement Procedures) authorizing the use of and establishing the procedures and requirements for the consideration of development agreements within the City for a cannabis retail use; WHEREAS, the Project involves the redevelopment of a commercially -zoned parcel of land that would result in the construction of a one-story, four structure commercial complex comprised of seven units, totaling 7,678.2 SF and operate similarly to other retail operations, be subject to the same development standards as other commercial operations, including but not limited to height, setbacks, and parking, but subject to more restrictive locational requirements, and it can be seen with certainty that the approval and regulation of cannabis retail sales at the Subject Site for a term of up to 10 years would not cause a reasonably foreseeable direct or indirect impact on the environment pursuant to the California Environmental Quality Act (CEQA) (Pub. Res.

Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Sections 15061(b)(3) (Common Sense Exemption);
WHEREAS, pursuant to California Government Code Sections 65090 and 65091, the Planning Commission duly noticed, agendized, and conducted a public hearing on this matter on July 17, 2024, and reviewed all facts and evidence, both written and testimonial, pertaining to CUP No. 2024-054 and a proposed ordinance approving a development agreement authorizing the Project and to impose a lifespan not to exceed 10 years in exchange for community benefits;
WHEREAS, the Planning Commission considered all public comments received before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents related to CUP No. 2024-054 to authorize the construction of four commercial structures at the Subject Site; WHEREAS, the Planning Commission considered all public comments received before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents related to CUP No. 2024-054 to authorize a cannabis retail use at the Subject Site; and
WHEREAS, after the close of such public hearing, the Planning Commission adopted Resolution #PC 2024-018, conditionally approving CUP No. 2024-054.

NOW, THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES, DETERMINES AND FINDS AS FOLLOWS:

Exhibit 4
59 Resolution #PC 2024-018

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SECTION 1. The above recitals are true and correct and are incorporated in full, herein.

SECTION 2. Pursuant to BGMC Title 9, Section 9.50.050 CUP No. 2024-054:
i. Is not in conflict with the General Plan for the area and complies with the standards in BGMC Title 9.
ii. Does not jeopardize, adversely affect, endanger, or otherwise constitute a nuisance to the public health, safety, or general welfare. iii. The Subject Site for the proposed conditional use is adequate in size, shape, and topography to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in BGMC Title 9, as required by the Planning Commission as a condition of approval in order to integrate said use with the existing uses in the neighborhood. iv. The Subject Site for the proposed conditional use is served by highways or streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.
v. The Subject Site is served by the required utilities, including electricity and water supply, of quantities and pressures required by the fire code to provide adequate protection.

SECTION 3. In accordance with CEQA and the CEQA Guidelines, CUP No. 2024- 054 is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15532 (In - Fill Development) and 15061(b)(3) (Common Sense Exemption).

SECTION 4. The Planning Commission hereby grants the Applicant's request related to CUP No. 2024-054 to permit the Project at the Subject Site, subject to the following conditions incorporated herein in full, by reference (Exhibit "A").

SECTION 5. If any portion of this Resolution is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

SECTION 6. This CUP shall become effective upon the expiration of the 15 . ... .... . . .
calendar days after approval by the Planning Commission unless an appeal of the CUP has been filed with the City Clerk pursuant to Section 9.50.090 of the BGMC.

Exhibit 4 60

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PASSED, APPROVED AND ADOPTED this 17th day of July 2024.

ATTEST:
l�-
ERIKA GUTIERREZ, PLANNING SEC F '£ RY
APPROVED AS TO FORM:

LLOYD PILCHEN, DEPUTY CITY ATTORNEY

ELF DE LA OSA, CHAIRPERSON
Exhibit 4
61 Resolution #PC 2024-018

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EXHIBIT "A"
CUP NO. 2024-054 - CONDITIONS OF APPROVAL
General Operating Conditions

1. The Subject Site shall be improved, maintained, and operated in accordance with:
a. The application on file in the Community Development Department and Exhibits 1 through 17 included in the staff report, which are attached and incorporated herein by this reference.
b. All applicable laws, including but not limited to, the BGMC, the BeII Gardens Zoning Ordinance, the Business and Professions Code, Los Angeles County Department of Public Health, and the California Department of Cannabis Control (DCC).
c. All the conditions of approval as set forth in this Planning Commission Resolution for CUP No. 2024-054 authorizing the construction of a one- story, four structure, approximately 7,678.2 square -foot (SF) commercial complex with 30 parking spaces, exterior lighting, and landscaping in which the Kush Co. storefront cannabis retail use would occupy an approximately 1,821 SF suite located in Unit A.
d. The terms and conditions set forth in DA No. 2024-054 recommended for approval of an ordinance to approve a DA authorizing the entering into an agreement to establish certain development rights in exchange for public benefits by and between BG Flower, LLC, and the City at 7601 Eastern Avenue.

2. All conditions stated herein shall be binding upon the Applicant, their successors - in -interest, and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy, and shall restrict and limit the construction, location, and conditional use and maintenance of all land and structures adjacent to, or within, the vicinity of the Subject Site. Failure to adhere to these conditions of approval may result in revocation pursuant to the process set forth in Section

9.62.010 of the BGMC.

The conditions herein shall run with the land. However, any successor -in -interest must obtain the proper approvals to assign or transfer the rights, interests, and obligations pursuant to the DA No. 2024-054 in order to effectuate the rights and obligations set forth in this CUP and obtain a business regulatory permit pursuant to BGMC Chapter 5.12 and Chapter 5.64.

3. CUP No. 2024-054 shall be valid strictly for a Type 10 DCC license as defined by the state Department of Cannabis Control (DCC). Prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, Exhibit 4 62

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or equivalent sign off from the Building and Safety Division for the Subject Site, the Applicant shall submit a copy of its business regulatory permit and Type 10 license as approved by the DCC to the City of Bell Gardens Community Development Department. Cannabis cultivation, cannabis manufacturing, cannabis laboratory testing, and cannabis distribution are strictly prohibited and shall constitute grounds for revocation and termination of all rights hereunder.

All rights hereunder shall terminate within eighteen (18) months from the date of issuance of the first building permit for the Subject Site after the approval of CUP No. 2024-054 unless DA No. 2024-054 is approved for a longer period of time, not to exceed ten (10) years. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

CUP No. 2024-054 shall be valid strictly in compliance with DA No. 2024-054; any privileges granted hereunder shall become null and void, should there be a violation hereof.

The abandonment or non -implementation of the conditions stated in this CUP No. 2024-054 for a period of one (1) year from the effective date of the CUP shall terminate the CUP, and any privileges granted hereunder shall become null and void; unless a written time extension for a period not to exceed one (1) year is granted by the Planning Commission. A written request to extend the time to comply with the conditions of approval stated in the CUP must be submitted to the Bell Gardens Community Development Department at least thirty (30) days prior to the expiration of the one-year period.

Consistent with Condition No. 2, in the event of a transfer of ownership, rights, interests, obligations and/or privileges of the Subject Site involved with this CUP 2024-054, the transferee shall be fully informed and consent to the conditional use and development of Subject Site as set forth by this CUP together with all conditions, which are stated herein.

6. The Applicant shall comply with all applicable City, county, DCC, and other state regulations as they pertain to the sale of cannabis. Violation of any of the conditions of CUP No. 2024-054 or of any city, county and/or state law or regulation pertaining to the sale of cannabis shall be cause for revocation and termination of all rights hereunder.
7 The Applicant shall obtain all necessary permits and licenses from the state, City, and county agencies, including but not limited to, Fire Department and Industrial Waste for the proposed improvements and business operations on the Subject Site.

8. Prior to issuance of a building permit, the Applicant shall submit payment for the Bell Gardens Development Impact Fee(s) pursuant to BGMC Chapter 3.27. For Exhibit 4 63

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the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

9. Prior to issuance of a building permit, the Applicant shall submit design or payment for the BeII Gardens Art in Public Places pursuant to BGMC Chapter 9.71. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

10. City staff, including but not limited to, the City Manager, Community Development Department, Bell Gardens Police Department, Los Angeles County Fire Department, and DCC shall have the right -of -entry at any time to inspect the Subject Site to verify compliance with these conditions of approval, terms set forth in DA No. 2024-054, and the BGMC, including but not limited to the operating requirements set forth in Section 5.64.040 and all state and county laws and regulations.

11. Prior to commencing operations, owner/operator must possess a valid retail license, issued by the Department of Cannabis Control, pursuant to Division 10, commencing with Section 26000, of the California Business and Professions Code.

12. Prior to commencing operations, the owner/operator must obtain a business regulatory permit pursuant to BGMC Chapter 5.12 and Chapter 5.64. Consistent with the requirements of Section 5.64.020 of the BGMC, the owner/operator shall commence operations within one (1) year of issuance of a business regulatory permit. Failure to commence operations within one (1) year of the issuance of a business regulatory permit shall constitute grounds for revocation and termination of all rights hereunder.

13. The Director of Community Development and/or their designee(s) shall be authorized to make minor modifications to this CUP No. 2024-054 or any of the conditions specified herein if the modifications shall achieve substantially the same results as would strict compliance with the approved conditional use permit and conditions.

14. The Subject Site shall be developed, maintained, and used in a neat, quiet, and orderly condition and all uses on the Subject Site shall be operated in a manner that shall not disturb or be detrimental to adjacent properties, surrounding land uses, or occupants.

15. Hours and days of exterior building construction and site improvements shall be as follows: Monday through Saturday, not before 8:00 A.M. and not after 7:00 P.M. on the same day. No construction or grading shall take place on Sundays and City observed holidays.

16. The Applicant shall ensure that the Subject Site is properly maintained, secured, and free of debris at all times/phases of construction.

Exhibit 4 64

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17. Prior to commencing the construction of the Project, the Applicant shall submit a site plan indicating on -Subject Site vehicular and pedestrian traffic circulation during all stages of construction to the Community Development Department for review and approval.

18. The Subject Site and surrounding area shall be maintained in a manner free of graffiti at all times and for the life of the permit. Any graffiti that should appear on buildings, walls, or other private property on the Subject Site shall be removed within forty-eight (48) hours of being observed or reported. If painting is required, the paint shall be identical to the existing color.

19. During operations, the Subject Site, and adjacent public right-of-way (ROW), inclusive of the alley adjacent east of the Subject Site, shall be maintained in a clean and well -kept condition, free of debris and litter at all times.

20. The Subject Site's landscaping areas shall be fully planted, where applicable, pursuant to the approved landscape plan and off-street parking areas shall always be maintained (free from debris, litter, and wilted or dead live scape removed and replaced) for the life of the permit.

21. The Applicant and/or their designee shall ensure that any existing public telephones located on the premises be removed from the Subject Site. The installation of any outside public telephones shall be prohibited on the Subject Site and the public ROW.

22. The hours of retail operation at the Subject Site shall be restricted as follows: 10:00 a.m. until 10:00 p.m. Monday through Sundays, with the last delivery order to be placed by 9:00 p.m. and all delivery vehicles returned no later than 10:00 p.m.

23. The installation of signage on the Subject Site shall be subject to a Type 1 Site Plan Review, in accordance with the provisions in BGMC Chapter 9.48, under ministerial review. The Applicant shall obtain approval from the Community Development Department and a building permit prior to any signage installation.

Temporary signs, such as banners, pennants, and flags shall be prohibited, except for any traffic/safety signs specific to construction activity.

24. Signs prohibiting loitering, smoking, and vaping on or around the Subject Site shall be posted and maintained to the satisfaction of the Bell Gardens Police Department prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof.

25. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, the Applicant shall work closely with the Bell Gardens Police Department in updating the Security Plan (Exhibit 16) to guarantee adequate security measures are provided on the Subject Exhibit 4 65

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Site, inclusive of the surface parking lot, at all times.

26. There shall be no outdoor storage permitted on the Subject Site at any time.

Cannabis Retail — Conditional Use Operating Conditions

27. These conditions of approval must be posted in a conspicuous location for public viewing within the establishment on a continuous basis for the life of the Project beginning on the date that operations at the Subject Site commence.

28. The establishment shall only allow patrons of the age twenty-one (21) and older, with presentation of a valid government -issued identification card or eighteen (18) and older with a physician's recommendation.

29. No persons under the age of twenty-one (21) shall be employed to sell cannabis or cannabis products at the Subject Site.

30. An electronic age verification device shall be purchased and retained at the Subject Site to determine the age of any individual and shall be installed at each point -of -sale location prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof.

31. The electronic age verification device shall be maintained in operational condition at all times, at each point -of -sale location, and all employees shall be instructed in its use. If an age verification device fails to operate at any point -of -sale location, no sales shall take place at that point -of -sale location until the age verification device is repaired and operational.

32. Applicant shall create and maintain an account within the DCC track and trace system prior to engaging in any commercial cannabis activity, including:
a. All commercial cannabis activity shall be accurately recorded in the track and trace system.
b. Applicant will be responsible for the accuracy and completeness of all data and information entered into the track and trace system. The licensee is responsible for all actions taken by the designated account manager or other account users while performing track and trace activities.
c. A person shall not intentionally misrepresent or falsify information entered into the track and trace system.

33. Records of all sales, whether cash, debit or credit, must be receipted, kept and reported as required by the California Department of Tax and Fee Administration (formerly Board of Equalization) under title 18, California Code of Regulations, sections 1698 and 4901.

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34. All cash sales must be receipted, and all information captured in the track -and - trace system established pursuant to Business and Professions Code section 26067, including, but not limited to, aggregated sales or transfer information, as applicable.

35. Owner/operator shall abide by all laws applicable to cannabis retailers pursuant to the Medicinal and Adult -Use Cannabis Regulation and Safety Act (Bus. & Prof.

Code § 26000 et seq.) and related Medicinal and Adult -Use Commercial Cannabis Regulations (Cal. Code Regs, tit. 4, § 15000 et seq.).

36. Applicant shall perform pre -employment background checks, to be conducted by an accredited member organization of the National Association of Background Screeners, and recurrent annual background checks performed.

37. Applicant shall provide at least one dedicated security office on site, twenty-four (24) hours a day, seven (7) days a week; and one designated manager on site during operation hours.

38. Applicant shall provide a back-up power supply, for at least twenty-four (24) hours, for the storefront, in the event of a power outage.

39. Signs advertising cannabis brands or the availability of cannabis or cannabis products for sale at the Subject Site shall not be visible from the exterior of the building at all times.

40. The display of cannabis and cannabis products shall be interior only (no outdoor display) at all times.

41. Other than limited amounts of cannabis used for interior display purposes or immediate sale, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss at all times.

42. There shall be no food, beverage, video or pinball games, televisions, or similar loitering attractions accessible to customers, persons engaged in sales or any transactions, and/or patrons, on the Subject Site at all times.

43. There shall be no samples provided for the on -site consumption of cannabis and cannabis products at any time.

44. There shall be no sale or display of cannabis products that is in the form of an alcoholic beverage, including, but not limited to, an infusion of cannabis or cannabinoids derived from industrial hemp into an alcoholic beverage at any time.

45. There shall be no sale of cannabis and cannabis products over the daily legal limit to any single patron at any time, pursuant to California Health and Safety Code Exhibit 4 67

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Section 11357.

46. All cannabis and cannabis products purchased by patrons shall not leave the Subject Site unless they are placed in an opaque packaging at any time.

47. Consumption of cannabis and cannabis products on -site is strictly prohibited, outside of the building either on the public ROW or anywhere on the Subject Site at all times.

48. Pursuant to California Labor Code Section 6404.5(c), smoking in the facility shall be strictly prohibited at all times. There shall be no display of ashtrays, or other receptacles for the purpose of collecting smoke -related debris within the interior or exterior of the building at the Subject Site.

49. Cover charges, entry fees, or minimum purchases for patrons visiting the facility shall be strictly prohibited.

50. The authorized conditional use shall be conducted at all times with due regard for the character of the surrounding neighborhood, and the right is reserved to the City Manager, Community Development Director, or their designee(s) to impose additional corrective conditions, if, it is determined that such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent or nearby properties.

51. The facility shall operate in accordance with the Security Plan, incorporated by reference and attached hereto as Exhibit 16, at all times. Surveillance recordings shall be maintained for a minimum period of sixty (60) days and are intended for use by the Bell Gardens Police Department.

52. The facility shall operate in accordance with the Lighting Plan, incorporated by reference and attached hereto as Exhibit 10, at all times. All exterior portions of the site shall be adequately illuminated in the evening so as to make discernable the faces and clothing of persons utilizing the space. Lighting shall be directed onto the Subject Site without being disruptive to uses at the adjacent properties.

53. The facility shall operate in accordance with the Odor Mitigation Plan, incorporated by reference and attached hereto as Exhibit 15, at all times.

54. The Bell Gardens Police Department shall be notified within twenty-four (24) hours of any diversion, theft, loss, or other criminal activity on the premises that occurs at any point after the approval of this CUP.

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Building/Sitemmlmprovements

55. All Design Standards and Parameters shall be per the County of Los Angeles and the City of Bell Gardens. If a conflict arises between these standards, the City of Bell Gardens Standards shall prevail.

56. The applicant shall prepare all on -site and off -site improvements plans and specification in compliance with the Americans with Disabilities Act (ADA) and shall dedicate all necessary right-of-way to complete the improvements to the satisfaction of the City Engineer.

57. The applicant shall provide on -site and off -site sewer improvements to the satisfaction of the City and Los Angeles County Sanitation District.

58. Provide sewer pump calculations and maintenance manual if required.

59. The applicant shall prepare and submit plan for water improvements to the satisfaction of Golden State Water Company. Upon final approval of the said plans, the applicant shall provide a signed/approved set of plans to the City Engineer for reference.

60. Provide landscape improvement plans for on -site and off -site project areas including the details showing the irrigation double detector check valve assembly.

61. With the widening of the driveway, coordinate with Golden State Water to obtain a traffic rated meter box, located in the new driveway with a traffic rated lid.

62. The proposed site improvements on the Subject Site shall be subject to review and approval by the Planning and Building and Safety Divisions. All proposed improvements shall be completed in accordance with the provisions of the California Building Code as amended by Title 26 of the Los Angeles County Building Code. All required permits from the Building and Safety Division shall be secured prior to commencing the construction of the Project. For the purposes of this CUP, the term "construction" includes any demolition, grading, and construction activities, inclusive of tenant improvements.

63. All improvements at the Subject Site shall comply with all Americans with Disabilities Act (ADA) requirements as part of the Building and Safety plan check process.

64. The Applicant shall be responsible for submitting plans for Building and Safety plan check and obtain permits for all the work proposed on the Subject Site.

65. Vehicles associated with the construction activities at the Subject Site shall not be permitted to park on the public ROW, inclusive of the alley adjacent east of the Subject Site,
Exhibit 4
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66. Temporary storage of building materials shall be contained within the Subject Site and shall be properly secured and screened during all stages of construction.

67. During all stages of construction, the Subject Site shall maintain a six-foot (6') high chain -link fence and gates around the entire perimeter of the Subject Site. The gates shall be closed and locked after construction hours.

68. Contractors and subcontractors engaged in the construction activities at the Project Site shall obtain a business license and all required permits from the City of Bell Gardens.

69. Prior to issuance of a building permit, the Applicant shall submit all confirmation from the Los Angeles County Fire Department that the Subject Site is adequately served with water supply of quantity and pressure to meet the regulations of current water and fire codes for potable water supply and fire protection. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

70. Prior to issuance of a building permit, the Applicant must provide the Planning Department with "will serve" letters from all servicing utilities to ensure adequate coverage for the Project. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

71. Prior to issuance of a building permit, clearance from the Los Angeles County Fire Department must be submitted. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

72. Prior to issuance of a building permit, the Applicant shall submit for review and approval to the Community Development Department a sample of the window frame and glass that shall be utilized on the door and windows of the building.

Pursuant to Section 9.20.160(B)(3) of the BGMC windows facing the street frontage shall be clear, untinted glass. Mirror, reflective, or tinted glass may only be permitted as an architectural or decorative accents and shall comprise no more than twenty percent (20%) of the window. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

73. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, the roof drainage system shall be integrated into the walls of the building so that there are no visible downspouts.

74. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, any roof mounted mechanical equipment, including any air compressor units, shall be installed a minimum of six inches (6") below the lowest building parapet in order to prevent Exhibit 4 70

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the visibility from public ROW. Compliance shall be demonstrated to the satisfaction of the Building and Safety Department prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof.

75. The following construction practices shall be implemented by all Project contractors to reduce construction noise levels:
a. Ensure that construction equipment is properly muffled according to industry standards, and all equipment shall utilize noise shielding and muffling devices. b. Locate the construction staging area and noise -generating equipment away from adjacent residents as much as feasible.

76. Proposed and required on -site and off -site improvements shall be completed by the Applicant prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof by the City on the Subject Site.

77. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, all cable television service connections to the Project shall be installed underground. All cable and connectors shall be screened completely from view and within the building served.

Visible cabinets and boxes shall be treated to match the materials and colors of the buildings. The Applicant is responsible for contacting the cable company and arranging cable installation at the appropriate stage of construction. The type and location of cable installation is subject to approval of the Community Development Department and the construction coordinator of the cable television company servicing the area prior to issuance of Project building permits.

78. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, all electrical service connections to the Project shall be installed underground. All surface or ground mounted mechanical equipment including terminal boxes, pull boxes and electric meter cabinets shall be screened from public view and treated to match the materials and colors of the adjacent building. The Applicant is responsible for contacting Southern California Edison and arranging electrical service at the appropriate stage of construction. Installation of mechanical equipment is subject to approval by the Community Development Department and the customer service planner at Southern California Edison Company prior to issuance of Project building permits. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

79. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, all gas service connections shall be installed underground. All surface or ground mounted gas meters and mechanical equipment shall be screened from public view and treated Exhibit 4 71

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to match the materials and colors of the adjacent building. The installation is subject to approval by the Community Development Department and Southern California Gas Company prior to the issuance of Project building permits. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

80. The Project shall adhere to and maintain lighting at the Subject Site consistent with the submitted Lighting Plan (Exhibit 10).

Los Angeles County Fire Department (Fire Department)

81. The Applicant shall obtain all required Fire Department approvals and permits prior to commencing the construction of the proposed improvements on the Subject Site. For the purposes of this CUP, the term "construction" includes any demolition, grading, and construction activities.

82. Prior to Fire Department plan check, plans must be submitted to the City for initial review (i.e., fire sprinkler plans, etc.).

83. The Applicant shall ensure that fire protection facilities, including access, must be provided prior to and during construction. For the purposes of this CUP, the term "construction" includes any demolition, grading, and construction activities.

84. Prior to the issuance of a building permit, the Applicant shall conduct a fire flow test to determine if the existing water line serving the Project has adequate capacity for both potable water and fire flow and submit the results to the City of BeII Gardens Community Development Department. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

85. Prior to the issuance of a building permit, the Applicant shall submit two (2) sets of architectural plans to the Los Angeles County Fire Prevention Division, Building Plan Check Unit office located at 5823 Rickenbacker Road, Commerce, CA 90040.

Architectural Plans shall include, but not be limited to, a site plan, floor plan, elevations, door and window schedules and appropriate section details. The site plan, floor plan, and elevations shall be consistent with the plans attached as exhibits and incorporated by reference, herein.

86. The Applicant shall comply with all required conditions of approval established by the Fire Department. Additionally, the Applicant shall obtain all required Fire Department approval and permits prior to commencing the construction of the proposed improvements on the Subject Site. For the purposes of this CUP, the term "construction" includes any demolition, grading, and construction activities.

87. The site plan shall show all the existing fire hydrant locations within 300 feet of all property lines.

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Landscaping

88. Prior to plan check submittal to the Building and Safety Division for all improvements proposed on the Subject Site, the Applicant shall submit four (4) sets of landscaping and irrigation plans prepared by a licensed landscape architect for review and approval by the Community Development Department prior to the issuance of any building permit. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

89. A permanent automatic landscape irrigation system shall be installed for all landscaped areas subject to review and approval by the Community Development Department.

90. All designated landscaping areas, including but not limited to parkway areas shall be fully planted prior to the issuance of a building permit. The type, number, size, and location of all planting material including but not limited to trees, shrubs, groundcover, and sod shall be subject to review and approval by the Community Development Department. Planting material shall be drought resistant.

Landscaped areas shall always be maintained by the Applicant during Project operations. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

91. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, all planter and landscaped areas, unless otherwise specified on the plans, shall be protected with a six-inch (6") concrete curb.

Grading / Drainage Improvements
Prior to the issuance of Grading Permit:

92. The Applicant shall submit a soil report prepared by a registered civil/geotechnical engineer for the site to the City Engineer or his designee for review and approval.

93. The soils report shall address Stormwater Compliance requirements to determine infiltration rates of currents soils or other alternative for the site, the treat, detain, infiltrate then discharge to the public right-of-way.

94. The Applicant shall prepare and submit grading/drainage improvement plans (Plan and Profile) for all on -site improvements. Provide full details, cross sections and elevations. The stormwater improvements shall show the LID/Treatment device utilizing plan and profile. The Soils Report shall be made part of the grading/drainage plans, including the Soils Engineer's signature on the grading/drainage plans. The plans shall be submitted to the City Engineer or designee for review and approval.

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95. The Applicant shall conduct their operations in a manner that will not violate the current NPDES City Permit or SWPPP.

96. The Applicant shall secure a WDID number prior to the start of any grading operations.

97. The Applicant shall comply with all rules and conditions for the Water Quality Board and shall conduct their grading operations accordingly.

98. The Applicant shall prepare and submit a hydrology and hydraulic study to be signed by a registered civil engineer for the City Engineer or his designee for review and approval for the stormwater compliance and processing of on -site drainage.

99. The Applicant shall prove that the drainage pattern and points of disposal shall not overload any existing drainage system.
100. Provide comprehensive utility coordination plan for on -site improvements showing gas, water, sewer, electrical, CTV/phone.
101. Provide explanation and location of trash receptacle/enclosures, and/or turning radius analysis that a trash truck can negotiate through the development. All trash operations shall comply with current waste reduction regulations including green and organic wastes.

Off -Site Roadway Improvements
102. The Applicant shall prepare and submit plan and profile for ROW improvements on Eastern Avenue and Priory Street including show drainage pattern alterations. 103. ROW improvements shall include the replacement of curb/gutter and sidewalk in compliance with ADA Guidelines from the north to south property lines. Coordinate slot cutting of existing pavement for construction of the improvements and AC paving.
104. ROW improvements include the construction of a new driveway approach with a width of 25 feet. Coordinate slot cutting of existing pavement for construction of the improvements and AC paving.
105. Provide landscaped and irrigated parkway improvements to be maintained by the property owners.
106. Provide an under sidewalk curb drain per City standards that is connected to the on -site stormwater treatment devices.

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107. Remove and replace all damaged utility boxes within the ROW fronting Eastern Avenue and Priory Street.
108. Paint the curb with street address accordingly.

Public Works Department
109. The Applicant shall remove and replace curb and gutter on Eastern Avenue. The Applicant shall be responsible for the cost of replacing any public improvements, including but not limited to removal and reconstruction of curbs, gutters, sidewalks, driveway approaches and streetlights. This condition must be satisfied prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, or equivalent approval.
110. The Applicant shall remove and replace sidewalks on Eastern Avenue to ensure ADA compliance to the satisfaction of the Public Works Department. This condition must be satisfied prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent approval.
111. The Applicant shall remove and replace any damaged utility boxes within the public ROW. This condition must be satisfied prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent approval.
112. All off -site improvements shall comply with the American Public Works Association (APWA) standard details.
113. Prior to submittal of plans to Building and Safety plan check, the Applicant shall submit to the Building and Safety Division the following plans:
a. Two (2) sets of grading/drainage plans. The grading/drainage plans shall be prepared by a licensed Civil Engineer with the State of California. b. Standard Urban Water Mitigation Plan (SUSMP) prepared in accordance with the provisions contained in Title 11, Chapter 11.12 of the BGMC. c. A Hydrology and Hydraulics report in conformity with the Los Angeles County Guidelines.
d. A Geotechnical Report prepared by a Geotechnical Engineer.

Parking Lot/Site Maintenance
114. The Subject Site and adjacent public ROW shall be cleared of all construction debris prior to the issuance of a certificate of occupancy, temporary certificate of Exhibit 4 75

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occupancy, final building permit, finalized job card, or equivalent approval by the Community Development Department.
115. All parking spaces, drive aisles, and walkways, shall be free of gouges, ruts, and/or gaps in the paved surface area and shall be maintained in good working order to not constitute a safety hazard to the public.
116. The proposed parking lot area including but not limited to vehicle maneuvering areas within the Subject Site shall be improved with asphalt pavement, to the satisfaction of the Community Development Department. Parking lot and public ROW, inclusive of sidewalk areas immediately adjacent to the Subject Site shall be pressure washed quarterly to remove oil stains and maintained clear of trash, debris, and outside storage at all times.
117. All designated parking spaces shall be striped in accordance with the BGMC and provided with concrete wheel stops at the front end of each parking space.

Any required ADA truncated domes shall be composed of stamped concrete and shall be of a dark gray color.
118. The repair or maintenance of any vehicles in the parking lot, public street, or public alley, including but not limited to oil change or adding fluids to vehicles, shall be strictly prohibited. Signs shall be posted throughout the parking lot area stating that repair and maintenance activities at the Subject Site are prohibited. No device shall be loaned by the owner, employee, or patron of the business to assist in this effort.
119. Inoperable vehicles shall not be parked within any designated parking spaces, drive aisle, or public streets at any time.

Miscellaneous
120. The owner of the Subject Site, the project Applicant, if different from the Property Owner, and each of their heirs, successors in interest and assigns, shall defend, indemnify, and hold harmless the City and its officials, agents, officers, and employees from any and all claims, actions, or proceedings brought by any party to attack, set aside, void or annul, rescind, or otherwise challenge the approval of the Project or the approval of any entitlement related to the Project by the City Council, Planning Commission, or its staff, including but not limited to, environmental determinations. Such indemnification and hold harmless shall include damages, judgments, settlements, penalties, fines, and defensive costs and expenses, incurred by, or ordered against the City in connection with or arising out of such claims, actions, or proceedings, including but limited to, interest, reasonable attorneys' fees and costs, or expert witness fees, incurred by the City.

The City shall promptly notify the Applicant of any claim, action or proceeding and Exhibit 4 76

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the City and Applicant shall mutually cooperate fully in the defense thereof. 121. The Applicant shall sign, notarize, and return to the Community Development Department an affidavit accepting all conditions of approval for CUP No. 2024-054 within fifteen (15) days from the approval of Resolution #PC 2024-01 and CUP No. 2024-054. The Applicant acknowledges and understands that all conditions set forth in this Resolution are conditions precedent to the Commission's grant of approval and failure to comply with any condition contained herein shall render this CUP non -binding as against the City and shall confer the Applicant no legal rights under the law. This CUP shall not become effective unless and until the Applicant returns the fully executed, notarized affidavit to the Community Development Director within the time stated. Failure to comply with this condition within the prescribed time period above shall render this CUP null and void.

Exhibit 4 77

RESOLUTION #PC 2024-019

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

BELL GARDENS RECOMMENDING THE ADOPTION OF AN
ORDINANCE APPROVING DEVELOPMENT AGREEMENT NO. 2024-
054
WHEREAS, Aram Ekimyan, representing BG Flower, LLC (Applicant) and 7601 Eastern, LLC (Property Owner), has requested approval of a development agreement (DA) and a conditional use permit (CUP) to develop and operate a Kush Co. storefront cannabis retail business in the City of Bell Gardens (City); WHEREAS, the proposed ordinance would authorize the City to enter into an agreement to establish certain development rights at 7601 Eastern Avenue (Subject Site) in exchange for public benefits for a five (5) -year term, with an option for an additional five (5) -year extension, by and between the City, BG Flower, LLC, and 7601 Eastern, LLC in connection with a CUP authorizing a storefront cannabis retail use, subject to conditions of approval;
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code Section 65864 et seq. (Development Agreement Statute), which authorizes the City and an individual with an interest in real property to enter into a development agreement in order to establish certain development rights on real property in exchange for public benefits; WHEREAS, consistent with the requirements of the Development Agreement Statute, the City Council adopted Resolution No. 2023-43 (Development Agreement Procedures) on June 12, 2023, authorizing the use of and establishing the procedures and requirements for the consideration of development agreements within the City; WHEREAS, the Development Agreement Procedures permit a cannabis retail use for a term not to exceed 10 years in exchange for public benefits; WHEREAS, on June 26, 2023, the City Council adopted Ordinance No. 934, which conditionally permits a cannabis retail use within Commercial and Industrial Zones, subject to certain siting requirements and conditions of approval for a term of 18 months unless an applicant executes a development agreement with the City; WHEREAS, the Subject Site is designated within the City's General Plan Land Use Element as Regional Commercial (Commercial) (RC);
WHEREAS, the RC Land Use Element designation has been concentrated on parts of Eastern Avenue and Florence Avenue, refers to regional commercial uses, and is a hub of commercial activity;
WHEREAS, the corresponding zone for the RC Land Use Designation is the Heavy Commercial (C-4) Zone, which conditionally permits a cannabis use, subject to Exhibit 5 78

certain locational requirements and development standards; WHEREAS, the Applicant has applied for a CUP to permit a cannabis retail use at the Subject Site;
WHEREAS, in conjunction with the CUP, the Applicant has requested for a development agreement to permit a cannabis retail use for a term of five (5) years, with an option to extend the term of the development agreement for an additional five (5) -year term in exchange for public benefits that shall obligate the Applicant to provide an up- front payment of One Hundred Thousand Dollars ($100,000) upon the effective date of the development agreement, to be renewed on an annual basis as well as the payment of quarterly public benefits in an amount equivalent to seven percent (7%) of gross receipt sales;
WHEREAS, pursuant to the City's Development Agreement Procedures, 80 percent (80%) of the public benefits derived from DA No. 2024-054 shall be dedicated to youth and educational programming and resources for the City's housing programs; WHEREAS, Policy 3 of the General Plan Land Use Element provides that the City shall promote compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization of the commercial areas in the City;
WHEREAS, the Project is consistent with Policy 3 because the Project would comply with applicable development standards and locational siting requirements inclusive of a modification to setback requirements as permitted under Title 11 of the BGMC and to enhance the economic viability of the surrounding commercial areas; WHEREAS, Policy 5 of the Land Use Element requires the City to provide an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses;
WHEREAS, the Project is consistent with Policy 5 because it would involve the redevelopment and activation of a vacant commercial site that has been vacant for two years through introduction of seven (7) proposed units for the conduct of permitted commercial land uses within four (4) detached buildings inclusive of a conditional cannabis retail use would promote economic diversity and could provide local employment opportunities while still regulating existing businesses; WHEREAS, the Project is also consistent with Policy No. 5 because it could add potential stability to the area through increased property values associated with new construction and the conduct of well -run business could impact other businesses for increased area economic viability;
WHEREAS, the DA would facilitate the orderly development of the Subject Site; create a physical environment that would be consistent with and complement the City's goals and visions; protect natural resources from adverse impacts; improve, upgrade, and create additional community facilities and infrastructure, enhance services, and assist in Exhibit 5 79

implementing the goals and policies of the General Plan; and reduce the economic risk to the surrounding community;
WHEREAS, Government Code Section 65867.5 and the City Development Agreement Procedures require the Bell Gardens Planning Commission (Planning Commission) to conduct a public hearing to review a proposed development agreement; WHEREAS, DA No. 2024-054 agreement incentivizes active participation in the development process based on significant public benefits derived from monetary contributions; such payments would be dedicated to the City's youth and housing programs and could be used immediately to promote the public health, safety, and general welfare of the surrounding community;
WHEREAS, the Subject Site would provide low impact development by providing and maintaining discharge on the Subject Site;
WHEREAS, the Applicant acknowledges and agrees that the development agreement would confer substantial private benefits on them that would place burdens on City infrastructure, services, and neighborhoods and that the private benefits provided to the developer should be balanced with commensurate public benefits for the community;
WHEREAS, the proposed DA would be connected to and requires compliance with a CUP that clearly outlines specific conditions, requirements, and timelines for the development of the retail storefront facility to help ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable; WHEREAS, the proposed DA promotes balance through the operational flexibility built into the agreement addressing unforeseen challenges or changes in circumstances, allowing for adjustments as needed through City Council approval; WHEREAS, in exchange for an initial five (5) -year term, with an option to extend the development rights for an additional five (5) years for a total of 10 years, the Applicant would provide an annual community benefit in the amount of One Hundred Thousand Dollars ($100,000) upon the effective date for the development agreement and renewed on an annual basis and would also be required to pay a quarterly community benefit in the amount that is equivalent to seven percent (7%) of gross receipt sales on a quarterly basis;
WHEREAS, the Applicant agrees that the payment of Community Benefit Fees is proportionate to the amount that would be paid in the form of an applicable tax on commercial cannabis activities in the City related to the Project, contributing to a housing fund and youth fund;
WHEREAS, the cannabis retail use would occupy an approximately 1,821 SF commercial suite located in a newly constructed 7,678.2 SF commercial planned development that, meets lot standards, floor -to -area ratio, height maximum, screening, landscaping, lighting, trash enclosure, equipment, fences and walls requirements, and Exhibit 5 80

commercial development design and parking standards, with the exception of the side yard setback modification request, which is necessary for consistency with the neighborhood and preservation of the proposed design, be subject to the same applicable development standards as other commercial operations, including but not limited to height, setbacks, and parking, but subject to more restrictive Iocational siting requirements, and it can be seen with certainty that the approval and regulation of cannabis retail sales at the Subject Site for a term of up to 10 years would not cause a reasonably foreseeable direct or indirect impact on the environment pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Sections 15332 (In -Fill Development) and 15061(b)(3) (Common Sense Exemption);
WHEREAS, pursuant to California Government Code Sections 65090 and 65091, the Planning Commission duly noticed, agendized, and conducted a public hearing on this matter on July 17, 2024;
WHEREAS, on July 17, 2024, the Planning Commission held a public hearing and reviewed all facts and evidence, both written and testimonial, pertaining to the proposed CUP and an ordinance authorizing a development agreement to impose a lifespan and obtain community benefits;
WHEREAS, the Planning Commission considered all public comments received both before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents related to proposed Ordinance, which would result in the authorization for the City and Applicant to enter into and execute DA No. 2024-054 between the Applicant and the City for a potential term of up to 10 years in exchange for public benefits; and
WHEREAS, after the close of such public hearing, the Planning Commission adopted Resolution #PC 2024-019, recommending to the City Council the approval of an Ordinance to enter into and execute DA No. 2024-054.

NOW, THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES, DETERMINES, AND FINDS AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated in full, herein.

SECTION 2. Pursuant to the Development Agreement Procedures, DA No. 2024- 054:
i. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan;
ii. Promotes the public health, safety, and general welfare; iii. Is just, reasonable, fair, and equitable under the circumstances; and Exhibit 5 81

iv. Provides sufficient benefit to the community to justify entering into the agreement.

SECTIO 3. The Planning Commission hereby adopts this Resolution recommending to the City Council the approval of DA No. 2024-054 through the adoption of an Ordinance and authorizes the City Attorney to make clarifying changes as necessary to effectuate the terms of the Ordinance.

SECTIO 4. The Planning Commission hereby transmits and recommends to the City Council the approval of an ordinance to authorize DA No. 2024-054 execution.

SECTIO 5. The Project is exempt from CEQA, in accordance with CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption.

SECTIO 6. If any portion of this Resolution is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

PASSED, APPROVED AND A•OPTE,• this 17t" day of July 2024.

UEf DE LA ROSA, CHAIRPERSON
ATTEST:

ERI GUTIERREZ, PLANNING S RETARY
APPROVED AS TO FORM:

LLOYD PILCHEN, DEPUTY CITY ATTORNEY
Exhibit 5 82

PROJECT INFORMATION
7601 EASTERN AVE
BELL GARDENS, CA.
24-227

OWNERSHIP MAP
Ore JOE MORENO
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350-5944et
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OWNERSHIP I OCCUPANTS LIST

RADIUS MAPS - LAND USE - PLANS

MUNICIPAL COMPLIANCE CONSULTING
12106 LAMBERT AVE.EL MONTE, CA 91732
UPLAND, CA 91784 - (909) 256-3482
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9.20.160 Cannabis retail — Conditional use.

Proximity to Sensitive Uses. A cannabis
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center, school, or park as defined in
Chapter 9.04 BGMC, that is existing at the
time an application for a conditional use
permit is submitted.
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OWNERSHIP I OCCUPANTS LIST - RADIUS MAPS - LAND USE

PLANS -MUNICIPAL COMPLIANCE CONSULTING
.12146 LAMBERT AVE.EL MONTE, CA 91732
XHIL UPLAND, CA 91784 -(909)256-3482

PROJECT INFORMATION
7601 EASTERN AVE
BELL GARDENS, CA.
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SENSITIVE USE MAP
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PLANS -MUNICIPAL COMPLIANCE CONSULTING
12106 LAMBERT AVE EL MONTE. CA 91732
12196 LAMBERTAVEEL MONTE, CA 91]32{909)2583482

PROJECT INFORMATION
7601 EASTERN AVE

BELL GARDENS, CA
24-238

CANNABIS LOCATION MAP
SCALE 1" = 200'
= SUBJECT LOT

NOTICE OF PUBLIC HEARING
CONSIDERATION OF ORDINANCE NO. 948 TO AUTHORIZE A DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS, BG FLOWER, LLC, AND 7601 EASTERN, LLC RELATING TO THE PROPERTY LOCATED AT 7601

EASTERN AVENUE IN THE CITY OF BELL GARDENS
NOTICE IS HEREBY GIVEN; the City of BeII Gardens City Council will conduct a public hearing to consider the adoption of Ordinance No. 948 to authorize the City of BeII Gardens to enter into and execute a Development Agreement (DA) with BG Flower, LLC and 7601 Eastern, LLC relating to the property located at 7601 Eastern Avenue, BeII Gardens, CA 90201. Copies of the proposed ordinance are available for review at Bell Gardens City Hall and on our website at
DATE OF HEARING: Monday, August 12, 2024.

TIME OF HEARING: 6:00 P.M., or as soon thereafter as possible.

ENVIRONMENTAL DETERMINATIONS: Ordinance No. 948 has been determined to be exempt from the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) under Section 15061(b)(3) (Common Sense Exemption) because there is no possibility that it may have a significant effect upon the environment.

INVITATION TO BE HEARD/PUBLIC PARTICIPATION: The public hearing will be held before the City of BeII Gardens City Council at 7100 Garfield Avenue, Bell Gardens, CA 90201 on Monday, August 12, 2024, at 6:00 p.m. The public may attend the meeting in person or may view the meeting online. The meeting will be recorded and live streamed on the City's website at
Public comments for the public hearing are limited to three (3) minutes per person. Members of the public can access and participate in the meetings as follows:

IN -PERSON: Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker unless a different time is announced by the presiding chair. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" card by 6:00 p.m. for all other designated public comment periods as listed.

BY TELEPHONE: Phone Number: (669) 900-9128, Webinar ID:

Passcode: , to address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom at and entering the Zoom Meeting ID: Passcode:

Comments may also be made via the Zoom app by using the "Raise Hand" feature, Exhibit 9 86

when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS:

Public comments may be emailed to PL blicComrncrit (q)bcllgsrncr .orq or mailed to the City Clerk's Office, 7100 Garfield Ave., Bell Gardens CA 90201. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be part of the official public record of this meeting.

Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public comment may request such service by contacting the City Clerk's Office no later than 72 hours before the scheduled meeting.

The City Council staff report will be available in the City Clerk's Office and posted on the City's website at https://wArwbellgardens.org/i-want-to/view-agendas 72 -hours prior to the meeting.

For more information, you may contact the City Clerk's Office located at 7100 Garfield Avenue, Bell Gardens, CA 90201 during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704 or via email to City ierkDeesk cxbel!gardens. rg.

Daisy Gomez
City Clerk
Posted: August 1, 2024
Bell Gardens City Hall
Bell Gardens John Anson Ford Park
Bell Gardens Veterans Park - Ross Hall Auditorium
Bell Gardens Department of Public Works
Daily Journal Corporation (Bell Gardens Newspaper) — General Circulation Exhibit 9 87

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 2.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Paul Camacho, Chief of Police
Efrain Aguirre, Lieutenant
SUBJECT: CONSIDERATION OF ORDINANCE NO. 949 ADOPTING A MILITARY EQUIPMENT USE POLICY AS REQUIRED BY ASSEMBLY BILL 481
DATE: August 12, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council waive the full reading and introduce Ordinance No. 949 by title only, adopting a Military Equipment Use Policy in accordance with state law.

BACKGROUND/DISCUSSION:

On May 9, 2022, the City Council adopted Ordinance No. 923 approving a Military Equipment Use Policy ("Policy") pursuant to Assembly Bill 481 ("AB 481"). AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, and used by law enforcement agencies. AB 481, codified in California Government Code sections 7070 through 7075, requires a law enforcement agency to obtain authorization from its governing body by adoption of a military equipment use policy by ordinance, approving the use of military equipment.

On August 14, 2023, the City Council adopted Ordinance No. 936 approving the amended Policy and renewed the ordinance. On an annual basis after adoption of the Policy, AB 481 requires police agencies to publish a military equipment report on its website outlining the use of the equipment, any complaints or concerns regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the following year. In addition, within 30 days of submitting and publicly releasing the Report, a well -publicized community engagement meeting must be held to allow for public comments. AB 481 further requires the agency's governing body to, at least annually, review the Ordinance approving the Policy and vote on whether to renew the Ordinance.

The term "military equipment," as used in AB 481, in fact, does not necessarily indicate that the equipment has been used by or acquired through the military. Pursuant to AB 481, items deemed to be "military equipment" include, but are not limited to, unmanned aerial or ground vehicles, command and control vehicles, pepper balls, less than lethal shotguns, less than lethal 40mm projectile launchers, and diversionary devices.

The Department's Policy was originally approved by the Bell Gardens City Council in 2022 and amended in 2023.

The Policy outlines each item identified in Government Code section 7070, that is currently owned and utilized by the Department.

DISCUSSION:
88 In compliance with the annual requirements set forth in AB 481, the Department completed its 2023 Military Equipment Annual Report.

The Policy and Report were posted on the Department's website on Friday, July 12, 2024, and made available for public review. In addition, on Wednesday, July 17, 2024, the Department held two -separate town hall meetings - one in English and the second in Spanish. At the public meeting, the Department provided a presentation summarizing the Annual Report and Policy updates and provided an opportunity for public comment and questions. Notice of these public presentations were posted on the City's website and publicized by the Department and City via agency social media accounts.

As provided in the 2023 Military Equipment Annual Report:
• Complaints or Concems: There were no complaints or concerns reported on the use of the equipment in this Policy.
• Interval Audit: The Department conducted an internal audit and determined that there were no violation(s) of the Policy.
• Intention to Purchase Additional Equipment: The Department anticipates purchasing equipment in FY 2024- 2025.

If the City Council does not approve of the continuing use of military equipment within 180 days of submission of the Policy, the Department shall cease its use of the military equipment until it receives the approval of the City Council in accordance with AB 481.

The Department is committed to transparency, public trust, and compliance with legal requirements in all of its operations. Without City Council approval of a Military Equipment Use Policy, the Department's ability to respond to a critical incident and provide mutual aid when called upon would be compromised and potentially detrimental to public safety and the City's risk exposure.

The Policy and Report have been reviewed and approved as to form by the City Attorney's Office.

ENVIRONMENTAL CONSIDERATIONS:

This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsection (b)(4). If this were determined to be a "project" for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City's independent judgment and analysis.

CONCLUSION:

Staff believes the proposed Ordinance and Policy are compliant with the State regulations as described under AB 481. The intent of AB 481 is to increase transparency, accountability, and oversight surrounding the use of military equipment. Moreover, the military equipment currently in use by the Department provides police officers equipment essential to day—to—day patrol operations, respond to critical incidents, and protects and promotes the welfare and safety of the community we serve. Accordingly, staff recommends City Council approval of the proposed Ordinance adopting the Policy.
89 FISCAL IMPACT:

Adoption of this Ordinance has no fiscal impact on the City.

ATTACHMENTS:

Exhibit 1 - Ordinance No. 949
Exhibit 2 - AB 481 Annual Report 2023
Exhibit 3 - Text of California Assembly Bill 481
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services

ORDINANCE NO. 949

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT

POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies; and WHEREAS, AB 481 became effective January 1, 2022, and is codified at Sections 7070 through 7075 of Chapter 12.8 to Division 7 of Title 1 of the California Government Code; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the term "military equipment" is defined in California Government Code Section 7070; and
WHEREAS, AB 481 requires, among other things, that a law enforcement agency obtain approval of the governing body, by an ordinance adopting a military equipment use policy that includes a description of the equipment, quantity, capabilities, expected lifespan, purposes and authorized uses, fiscal impact, legal and procedural rules governing authorized uses, required training, and mechanisms to ensure compliance with the agency's use policy, prior to taking certain actions relating to the funding, acquisition or use of military equipment, including military equipment acquired prior to January 1, 2022; and
WHEREAS, the Bell Gardens Police Department is in possession of certain items of equipment that qualify as "military equipment" under AB 481; and WHEREAS, the Bell Gardens Police Department has prepared a proposed Military Equipment Policy, attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, pursuant to Government Code Section 7071(a)(2), if seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, the Bell Gardens Police Department was obligated to, and has met the requirement, of commencing a City Council approval process for the Military Equipment Policy no later than May 1, 2022; and
WHEREAS, the Bell Gardens Police Department made the proposed Military Equipment Policy available on the Police Department's website for at least 30 days prior to the public meeting concerning the proposed Military Equipment Policy at issue; and Exhibit 1 91

WHEREAS, as required by AB 481, the City Council determines as follows:
(a) the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
(b) the proposed Military Equipment Policy will safeguard the public's health, welfare, safety, civil rights, and civil liberties; and (c) the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and (d) prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, as further required by Government Code Section 7071(a)(2), if the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a Military Equipment Policy, within 180 days of submission of the proposed Military Equipment Policy to City Council, the Bell Gardens Police Department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this Ordinance; and
WHEREAS, the Military Equipment Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and WHEREAS, the City Council of the City of Bell Gardens, having received the information required under AB 481 regarding the Bell Gardens Police Department's use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals above are true and correct and incorporated herein by reference.

SECTION 2. Approval of Military Equipment Policy. The City Council, having received the information required under AB 481 regarding the Bell Gardens Police Department's use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby approves the Military Equipment Policy attached hereto as Exhibit "A." The Military Equipment Policy shall govern the approval, acquisition, use and reporting of military equipment by the Bell Gardens Police Department.

Exhibit 1 92

SECTION 3. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 4. Uncodified Ordinance. This Ordinance shall not be codified in the Bell Gardens Municipal Code unless and until the City Council so ordains.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.

PASSED, APPROVED and ADOPTED this _ day of August, 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
Exhibit 1 93

EXHIBIT "A"

MILITARY EQUIPMENT POLICY
Exhibit 1 94

Policy
706
BeII Gardens Police Department
BeII Gardens PD Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body — The elected or appointed body that oversees the Department.

Military equipment — Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one -person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard -issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise -flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Exhibit 1 Published with permission by Bell Gardens Police Department 95 Military Equipment - 1

BeII Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
706.2 POLICY
It is the policy of the BeII Gardens Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Bell Gardens Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.

Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).

Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
(f)
(g)
706.4 MILITARY EQUIPMENT INVENTORY
See attachment: BeII Gardens Police AB 481 Military Equipment List 7-11-24epdf that constitutes a list of qualifying equipment for the Department.
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.

Exhibit 1 Published with permission by Bell Gardens Police Department 96 Military Equipment - 2

BeII Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.

Acquiring military equipment through any means not provided above. (f)
(g)
706.6 COORDINATION WITH OTHER JURISDICTIONS
The BeII Gardens Police Department participates in a statewide law enforcement mutual aid system as a component of the Standardized Emergency Management System (SEMS).The Los Angeles County Sheriffs Department plays a crucial role within the county of Los Angeles, along with our neighboring jurisdictions in providing mutual aid during times of crisis or need.ln planned or exigent circumstances, and with the approval of the Chief of Police or their designee, military equipment may be deployed by these law enforcement partners to promote the safety and security of BeII Gardens community members.

The Chief of Police or their designee will provide information during the annual report on the use of military equipment within the city limits of Bell Gardens by other law enforcement partners during BeII Gardens Police Department operational incidents.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Exhibit 1 Published with permission by Bell Gardens Police Department 97 Military Equipment - 3

Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Exhibit 1 Published with permission by Bell Gardens Police Department 98 Military Equipment - 4

Bell Gardens PD Policy Manual
Attachments
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Exhibit 1 Published with permission by Bell Gardens Police Department 99 Attachments - 5

Attachment
Bell Gardens PD Policy Manual
Bell Gardens Police AB 481
Military Equipment List 7-11-24.pdf
Exhibit 1 Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Bell Gardens Police Department 100
Bell Gardens Police AB 481 Military
Equipment List 7-11-24.pdf - 6

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Unmanned Aerial, Remotely Piloted, Aerial Vehicle (Category 1) a) Quantity, Description. Capabilities. and Purchase Cost:

One (1) "Mavic 2 Pro" flight drone manufactured by DJI Technology. This drone is equipped with Hasselblad cameras, with 3 -axis gimbal, HDR 4K video, adjustable aperture, 20MP 1" CMOS sensors. Additionally, this drone is equipped with a Hasselblad L 1 D -20c camera with a 20MP 1" CMOS Sensor, the Mavic 2 camera drone allows the department to capture aerial shots in color and detail, up to 31 minutes flight time, 44 mph max speed, 907G takeoff weight, 3 -axis gimbal for steady shots, 8GB internal storage, SD card support up to 128 GB, Functions include Active Track 2.0, Omnidirectional Obstacle Sensing, Hyper lapse, Low -Noise Design, Adjustable Aperture, HDR Photos, the standard remote controller offers up to 135 minutes of battery life on a full charge.

One (1) "Mavic 2 Pro Enterprise" Flight Drone manufactured by DJI Technology. This drone is equipped with Hasselblad cameras, with 3 -axis gimbal, HDR 4K video, adjustable aperture, 20MP 1" CMOS sensors. Additionally, the drone is equipped with a Hasselblad L 1 D -20c camera with a 20MP 1" CMOS Sensor, the Mavic 2 camera drone allows the department to capture aerial shots in color and detail, up to 31 minutes flight time, 44 mph max speed, 907G takeoff weight, 3 -axis gimbal for steady shots, 8GB internal storage, SD card support up to 128 GB, Functions include Active Track 2.0, Omnidirectional Obstacle Sensing, Hyper lapse, Low -Noise Design, Adjustable Aperture, HDR Photos, the standard remote controller offers up to 135 minutes battery life on a full charge. What separates these drones is that the Enterprise drone has attachment capabilities.

In its standard flight mode, the EVO II tops out at 22mph and offers all-around obstacle detection. It's very useful for working lower to the ground, where trees or other obstructions may be an issue. This drone is equipped with GPS for stabilization. It has a maximum speed of 44 MPH and a flight time of 40 minutes.

Initial Cost - $ Donated.

Two (2) Loki MK2 Drones manufactured by Sky -Hero. These drones are equipped with a forward -facing, .0008 lux day/night camera with 150° wide angle field of view.

On board HD microphone, integrated flight stability/hover system using only onboard sensors front and bottom selectable and dimmable IR LED's. The Loki MK2 has a maximum speed of 20kt and a flight endurance of 15 minutes. It is purposely built for close quarter indoor scouting missions.

Initial Cost - $13,834.20. (Bundle Price)
7 Rev July 11, 2024
Exhibit 1 101

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
One (1) DJI Avata Pro View Combo with Goggles second generation manufactured by DJI Technologies. The DJI Avata 2 delivers an immersive First -Person View (FPV) drone experience with improved imaging, safety, and battery life. The drone is equipped with a Single -axis mechanical gimbal (tilt), 1/1.3 -inch CMOS Sensor, HDR 4K video, immersive flight experience, and comes with DJI Goggles, RC Motion 3 remote, and the DJI FPV Remote Controller. The flight time per battery is about 23 minutes and has a hovering time of 21 minutes. The maximum flight distance is about 8 miles depending on terrain. This drone provides the capability for officers to conduct reconnaissance inside a building prior to sending officers inside or even a K-

9. The drone allows for officers to clear an entire home or building limiting exposing personnel to the dangers of potentially entering a structure occupied by suspects.

Additionally, it also allows for the safe surrender of suspects by narrowing their whereabouts inside the building and allowing officers to employ tactical procedures for all personnel involved to be safe.

Initial Cost - $6,205.80.

One (1) DJI Matrice 30T Thennal drone manufactured by DJI Technologies. The DJI Matrice 30T delivers higher operational efficiency and provides a balance between power and portability. The Matrice provides a 41 -minute flight time per battery. The M30T can handle adverse weather and temperatures. Dual -vision and TOF sensors appear on all six sides of the aircraft, keeping it and our mission safe. The built-in ADS -B receiver provides timely warnings of any incoming crewed aircraft nearby. The M30 Series integrates wide, zoom, and thermal cameras (M30T only) with a laser rangefinder, which together can capture the aerial data we need, when we need it. The M30T provides our department with a powerful drone with amazing camera capabilities in order to assist our officers in any type of situation including tactical encounters.

Initial Cost - $9,988.81
One (1) DJI Avata 2 drone manufactured by DJI Technologies. This drone delivers an immersive First Person View drone experience with improved imaging, safety, and battery life.

Initial Cost - $539.12
b) Purpose:

These drones are to be used in response to incidents to enhance officer and community safety, improve scene containment and stabilization. Assist in traffic collision reconstruction. Assist in resolving critical incidents or can be flown for areal safety checks at planned community events. These drones can cover a large area quickly and can be equipped with thermal sensors. These make them effective in search and rescue operations.
8 Rev July 11, 2024
Exhibit 1 102

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
c) Authorized Use:

Only authorized operators who have completed the required training and Federal Aviation Association (FAA) certification shall be pet witted to operate the UAS. d) Expected Lifespan:

The manufacturer, DJI, does not offer a specific lifespan on this product. Depending on how the UAV is cared for, stored, transported, flown, and the climate and weather conditions the drone is flown in will dictate (extend or minimize) the lifespan of the product.
e) Fiscal Impact:

Annual maintenance cost - $0.00. The drone is warranted and equipped with additional components.
1) Training:

All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a basic UAS operator course and ongoing in-service training.
g) Legal and Procedural Rules
Use is established in FAA Regulation 14 CFR Part 107, and the Department's UAS policy (Unmanned Aerial System (UAS) Operations). It is the policy of the Department to utilize UAS only for official law enforcement purposes and according to State and Federal law.

2. Armored Personnel Carrier (Category 2)
a) Ouantity. Description. Capabilities. and Cost:

One (1) 2009 Caiman Six -wheeled vehicle, Type 1 Allison 3700SP Gen IV transmission, 7.2 Diesel engine -powered personnel carrier with ballistic glass and armor rated to .50 caliber. The Caiman is designed to provide ballistic protection during rescues and tactical events. It is designed to withstand multiple bullet strikes from small arms fire as well as low-level explosions and is equipped with emergency lights/siren, a public address system, and the words "Police Rescue" on each side. A common use for the Caiman includes citizen and officer rescues, evacuations and the deployment of officers. The Caiman is a regional mutual -aid asset that can be deployed to surrounding cities as well as community outreach events for display.

Initial cost $0. The vehicle was obtained through the United States Military, Law Enforcement Support Office, 1033 program.
9 Rev July 11, 2024
Exhibit 1 103

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
b) Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, assist in resolving critical incidents, or display at a community event.
c) Authorized Use:

The use of armored vehicles shall only be authorized by a watch commander based on the specific circumstances of a given incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with the Department Policy and Training.
d) Expected Lifespan:

Lifespan depends on the use and maintenance of the vehicle. e) Fiscal Impact:

Annual maintenance$0 - $1,000.
f) Training:

Annored vehicles may only be operated by employees who possess the proper licensing and have been trained in the proper use of the vehicle. Employees designated as operators of the armored vehicle shall receive training in the safe operation and care for the vehicle and show competence before operating.
g) Legal and Procedural Rules:

Use is established in the Department Manual (Vehicle Use, Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the Department to utilize armored vehicles for official law enforcement purposes, in conjunction with State and Federal law.

3. Specialized Firearms and Ammunition (Category 9)
a) Ouantity. Description. Capabilities. and Purchase Cost:

Fifty-two (52) Colt Carbine Rifles, six (6) Heckler & Koch 416 Rifles, four (4) DPMS Panther Oracle Rifles, two (2) Bushmaster Rifles, two (2) Smith & Wesson M&P Rifles, twelve (12) Hydra-Matic Division GM Rifle, and Twelve (12) M-4 platform rifles, capable of accurately stopping an armed subject at various distances. The rifles are lightweight, air-cooled, gas -operated, magazine -fed, shoulder -fired weapons designed for semi -automatic fire. The rifles do not have an expiration date and will need to be serviced or replaced when the rifle fails or breaks. 10 Rev July 11, 2024
Exhibit 1 104

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Initial cost: Twenty-two (22) of these rifles were obtained over a Twenty (20) year period through purchases, trade-ins, and the United States Military, Law Enforcement Support Office, 1033 program. In FY2023-24 thirty (30) Colt Carbine rifles were purchased for a total of $39,172.70.

The Winchester 5.56 mm ammunition is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor worn by armed subjects.

1. The Winchester 5.56 mm, 64 grain Bonded Solid Base is the primary duty ammunition deployed during potential lethal encounters.

One (1) .308 Ruger American Bolt Action Rifle and One (1) LaRue .308 semi- automatic rifle. They are capable of accurately stopping an armed subject at various distances. The .308 rifle is a shoulder -fired weapon designed for single-action fire.

The rifle does not have an expiration date and will need to be serviced or replaced when the rifle fails or breaks. The Federal .308 Bonded Tip is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor worn by armed subjects.

Initial cost: $0 rifle was donated.

1. Federal .308 Win Tactical Bonded Tip 168 Grain is the primary duty ammunition deployed during potential lethal encounters. b) Purpose:

To be used as a precision weapon to address a threat with more precision and/or at greater distances than a handgun, if present and feasible within Department Policy and Applicable Law.
c) Authorized Use:

Only members that are POST certified Peace Officers and have completed The POST Firearms/Tactical Rifle Course.
d) Expected Lifespan:

Carbine Rifle — No expiration.

Ammunition - Winchester 5.56 mm, 64 grain Bonded Solid Base — No expiration. .308 Rifle — No expiration.

Ammunition - Federal .308 Win Tactical Bonded Tip 168 Grain — No expiration. 11 Rev July 11, 2024
Exhibit 1 105

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
e) Fiscal Impact:

Carbine Rifle annual maintenance $0 - $1000. Annual cost: $0 - $1000, duty ammunition cost: $1500, excluding training rounds.
.308 Caliber Rifle annual maintenance cost: $0, duty ammunition $75, excluding training rounds.
f) Training:

Officers receive POST certified training and on -going in-service training above POST standards. Once certified, authorized users must qualify with the rifle quarterly.

Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force, Firearms, and Patrol Rifles). It is the policy of the Department to utilize these rifles and the associated munitions only for official law enforcement purposes, according to State and Federal law.
g)

4. Diversionary Devices (Category 12):

Ouantity. Description. Capabilities. and Purchase Cost:

Eighty-one (81) Diversionary Devices, also known as flashbangs, distraction devices, light/sound devices, and noise/flash diversionary devices, provide law enforcement with an effective tool that may assist in resolving tactical incidents. The devices create a loud report, heat, and brilliant light because they are "low explosive" devices. They are excellent for use during high -risk entry scenarios and other tactical applications.

They may disorient/confuse subjects for a few seconds (lag time), providing law enforcement with an opportunity to end hostile situations peacefully.

Initial cost - $1,400.
a) Purpose and authorized use:

The purpose of a diversionary device is to temporarily disorient a hostile subject's senses. It is designed to produce a disorienting flash of light of approximately 7 million candela and an intensely loud "bang" of greater than 170 decibels. Only BGPD Special Operation Team (SOT) members who have completed a California Police Officers Standards & Training SWAT academy are authorized to use the device. Refer to BGPD policy 404 - Special Operations Team procedures. SOT operators must complete an 80 - hour SWAT academy and are subject to ongoing extensive classroom and practical application training in the use of Diversionary Devices. Additionally, SOT operators regularly train on safe device deployments in various operational settings. 12 Rev July 11, 2024
Exhibit 1 106

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
b) Expected Lifespan:

Five (5) year shelf life.
c) Fiscal Impact:

The department orders fifty (50) devices triennially; however, orders can be made biennially depending on usage. These bulk purchases are approximately $2000. d) Training:

Officers must attend diversionary device training that is conducted by a certified instructor. Additionally, officers will receive ongoing in-service training on the use of diversionary devices.
e) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Diversionary Devices - Flashbangs). It is the policy of the Department to utilize diversionary devices only for official law enforcement purposes, and according to State and Federal law regarding the use of force.

5. Explosive Breaching Tools (Category 12):
a) Description. Ouantity. Capabilities. and Purchase Cost Explosive breaching uses a minimal amount of explosives to achieve 100% penetration of the location to be breached. Detonating Cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a highspeed fuse that explodes rather than burns and is suitable for detonating high explosives. Detonating cord, quantity 1374 feet.

Initial cost: $500.

A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful, and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in various types, including non -electric caps, electric caps, and fuse caps. Quantity — 14.

Initial cost: $500.

Sheet explosives are materials formed by combining an explosive with a "rubberizer", a flexible binding agent. The resulting compound is cast into a flat sheet which is typically pliable and defouuable over a wide range of temperature. Typical products 13 Rev July 11, 2024
Exhibit 1 107

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
are generally shock -insensitive secondary explosives, requiring a blasting cap or other detonator. Quantity — 4 pounds.

Initial cost: $500.
b) Expected Lifespan:

Ten (1.0) year shelf life or until used.
c) Purpose and authorized use:

The purpose of explosive breaching is to allow tactical teams immediate entry with minimal risk to themselves, the victims, and the suspects. All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and should additionally receive quarterly training for explosive operations. d) Fiscal Impact:

Detonating Cord, initial cost: $300, replace as needed. Detonating Cord, cost: $1 per foot. Fiscal: $0 - $300.

Blasting Cap, initial cost: $216. Cost per unit: $12, quantity: 18, replace as needed. e) Training:

Officers utilizing explosive breaching must be certified by a certified breaching instructor. Additionally, members certified in explosive breaching will receive ongoing in-service training.
1) Legal and Procedural Rules:

It is the policy of the Department to utilize explosive breaching only for official law enforcement purposes, according to State and Federal law.

6. Breaching Shotgun (Category 12):
a) Description. Ouantity, Capabilities. and Purchase Cost The Breaching Shotgun allows breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges. The stand-off attached to the end of the barrel allows for positive placement of the shotgun into the correct position and vents gases to prevent overpressure. The weapon can also defeat windows and sliding glass doors with a flashbang round. A less lethal 2.4inch 12 -gauge shotgun round firing a ballistic 14 Rev July 11, 2024
Exhibit 1 108

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Remington 870 Breaching Shotgun, Quantity: 2.

Initial cost: $1,000.

The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges. Breaching rounds.

Initial cost: $150.
b) Purpose of breaching tools:

To safely gain entry into a structure.
c) Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander, SWAT commander in the field, and appropriate team supervisor. d) Lifespan:

Breaching Shotgun- Twenty-five (25) years
Blasting Caps- Ten (10) years
Detonating cord- Ten (10) years
Annual maintenance is approximately $0 - $500.
e) Fiscal Impact:

Remington 870 Breaching Shotgun - Initial cost: $1000. Annual impact $0 - $100.

Breaching rounds — Cost: $5 per round, quantity: 30. Annual impact $0 - $150.

I) Training:

Officers utilizing a breaching shotgun must be certified by a certified breaching instructor. Additionally, members of will receive ongoing in-service training. g) Legal and Procedural Rules:

It is the policy of the Department to utilize breaching shotguns and the associated munitions only for official law enforcement purposes, according to State and Federal law.

7. Tear Gas/Chemical Munitions (Category 12)
a) Ouantity. Description. Capabilities. and Purchase Cost:
15 Rev July 11, 2024
Exhibit 1 109

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Chemical agent munitions, commonly called "tear gas," are used as a non -lethal option/tool to disperse rioting subjects/barricaded suspects per Bell Gardens Police Department Policy and applicable law. Generally, chemical agents can be used to dislodge a suspect from a location with the least possible danger to the community, police, and suspect during high -risk tactical incidents. Chemical agents can prevent an armed suspect from accurately firing at the community and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including the officer, or bring a dangerous and unlawful situation safely and effectively under control.

CS (Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an. irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de -regulated in California in 1996, is endorsed by the FBI, and is available to civilians to possess (2.5 oz. or less) legally. OC is an inflammatory agent that causes involuntary eye closure (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Chemical Munitions:

SAF-Smoke White is a pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports to cover large areas for 30 to 40 seconds. It may be launched or hand -thrown. Quantity — 42.

Cost: $33.83 per munition. Replace as needed.

Triple -Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart, allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by

2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. Quantity — 8.

Cost: $35.25 per munition. Replace as needed.

The Spede-Heat CS Grenade is a high volume, continuous burn. It expels its payload in approximately 20-4-- seconds. The payload is discharged through four gas ports on the top of the canister, three on the side, and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 Oz of active agent. It has an approximate bum time of 20-40 seconds. Quantity — 9.

Cost: $23.92 per munition. Replace as needed
16 Rev July 11, 2024
Exhibit 1 110

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
The Pocket Tactical CS Grenade is small and lightweight. The 0.0 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is typically used as a signaling or covering device. Though this device is slightly over four inches in. length, it produces a smoke cloud so fast that it appears to be an enveloping screen created by a full-size tactical grenade. Quantity — 31.

Cost: $23.50 per munition. Replace as needed.

Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced fire risk. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject.

This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure.

The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.

Quantity — 14.

Cost: $41.60 per munition. Replace as needed.

CS Flameless Expulsion Grenade is a compact, non -pyrotechnic, chemical agent device that provides safe expulsion without fire risk. It is safe to use inside of a residence. Unlike pyrotechnical grenades, the contents of this device are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz/ of active agent during its 3 -second discharge time. Quantity — 14.

Cost: $41.60 per munition. Replace as needed.

OC Flameless Expulsion Grenade is a compact, non -pyrotechnic, chemical agent device that provides safe expulsion without fire risk. It is safe to use inside of a residence. Unlike pyrotechnical grenades, the contents of this device are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz/ of active agent during its 3 -second discharge time. Quantity — 3.

Cost: $41.60 per munition. Replace as needed.
17 Rev July 11, 2024
Exhibit 1 111

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
The Stinger CS Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger® Grenade has an initial 1.5 -second delay that initiates fuse assembly separation, followed by another .5 second delay before the blast, which is sufficient to project the rubber balls and chemical agent in a 50 -foot radius. Quantity — 10.

Cost: $40.50 per munition. Replace as needed.

The Stinger OC Rubber Ba11 Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger® Grenade has an initial 1.5 -second delay that initiates fuse assembly separation, followed by another .5 second delay before the blast, which is sufficient to project the rubber balls and chemical agent in a 50 -foot radius. Quantity — 17.

Cost: $40.50 per munition. Replace as needed.

OC Aerosol Grenade 6 oz. will deliver its payload of 1.3% MC% OC in 20-25 seconds. This is an atomized mist that enhances the pungent 1.3% OC formulation.

Ideal for area denial areas like attics, garages, etc. This device has minimum clean-up.

The canister may also be handheld to direct the spray pattern. This product is designed to provide room -clearing ability with minimum clean up requirements. Quantity — 4.

Cost: $40.50 per munition. Replace as needed.

Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high -volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister.

This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Quantity — 28.

Cost: $37.40 per munition. Replace as needed.
b) Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less -lethal weapon systems may include, but are not limited to:
a.Self-destructive, dangerous and/or combative individuals. b.Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. 18 Rev July 11, 2024
Exhibit 1 112

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
d. Vicious animals.
e.Training exercises or approved demonstrations.
f. Non -lethal force.
c) Authorized Use:

Only officers who have received POST certification or manufacturer -specific training in the use of chemical agents are authorized to use chemical agents and, in a manner, consistent with the Department Policy and Training.
d) Expected Lifespan:

All munitions lifespan is 5 years from the date of manufacture. e) Fiscal Impact:

Initial cost $1500 per munition category. The fiscal impact of the chemical munitions is between $0 - $2000 annually, depending on usage.
i) Training:

Officers utilizing chemical agents must be certified by a chemical agent instructor.

Additionally, officers will receive ongoing in-service training. g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Chemical Agents). It is the policy of the Department to utilize chemical agents only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force.

8. Projectile Launch Platforms and Associated Munitions — 40mm Launchers (Category a) Quantity, Description, Capabilities, and Purchase Cost:

Quantity: (2) Defense Technology 40mm Launcher, (2) Penn Arms 40mm Launcher, (2) Armor Holdings 40mm Launcher.

Capabilities: 40mm launchers can fire a variety of munitions with a maximum effective range of one hundred twenty (120) feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds.
19 Rev July 11, 2024
Exhibit 1 113

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Usage: As defined in department policy, 40mm launchers utilized with less -lethal sponge baton rounds are deployed to impact subjects demonstrating assaultive behavior or life -threatening behavior. 40mm launchers utilized with less -lethal sponge baton rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of the department policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects.

Lifespan: Penn Arms 40mm Launchers — No lifespan indicated by the manufacturer.

Lifespan varies on operational usage and wear.

Defense Technology 40mm Launchers — Two (2) year limited warranty.

The manufacturer indicates no lifespan. Lifespan varies on operational usage and wear.

Cost: Two (2) Defense Technology 40 mm Launchers- Initial cost: $3000.

Two (2) Penn Arms 40 mm Launchers- Initial cost: $2000.

Two (2) Armor Holdings - Aims 40 mm Launchers- Initial cost: $2000. 40mm Munitions - (Ferret 40mm Powder/Liquid Barricade Penetrator Round, CS) Manufacturer: Defense Technology
Manufacturer Description: The Ferret 40mm Barricade Penetrating Round uses a powder chemical agent to primarily dislodge barricaded subjects and to deny areas of refuge. The nose ruptures upon impact and instantaneously delivers its payload.

It is a frangible projectile that utilizes fins and barrel rifling to offer spin stabilization. It is designed to penetrate barriers, such as windows, particleboard, doors, and interior walls, and is primarily used by tactical teams. Quantity — 30.

Cost: $24.50 each
40mm Munitions - (Direct Impact 40mm OC Crushable Round) Manufacturer: Defense Technology
Manufacturer Description_ The 40mm Direct Impact munition is a point -of -aim, point -of impact direct -fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. Quantity — 30.

Cost: $20.50 each
20 Rev July 11, 2024
Exhibit 1 114

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
40mm Munitions - (Direct Impact 40mm CS Crushable Round) Manufacturer: Defense Technology
Manufacturer Description: The 40mm Direct Impact munition is a point -of -aim, point -of impact direct -fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. Quantity — 60.

Cost: $30.50 each
40mm Munitions - (Exact Impact 40mm Standard Range Sponge Round) Manufacturer: Defense Technology
Manufacturer Description: The Exact Impact 40 mm Sponge Round is a point -of - aim, point -of -impact direct -fire round. This lightweight, high-speed projectile consists of a plastic body and sponge nose that is spin -stabilized via the incorporated rifling collar and the 40 mm launcher's rifled barrel. The round utilizes smokeless powder as the propellant and, therefore, has exceptionally consistent velocities. Used for Crowd Control, Patrol, and Tactical Applications. Quantity — 77.

Cost: $18.75 each
b) Training:

A11 officers receive training on the use of the 40mm launcher with the sponge round.

This training occurs during qualification and through ongoing in-service training taught by Department instructors.

Special Operation Team personnel receive additional training on chemical munitions by an approved chemical agent school and/or training facilitated by a Department - certified chemical agent instructor.
c) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force, Specialty Impact Munitions (SIM) Less -Lethal, Chemical Agents, and Oleoresin Capsicum — OC). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.
21 Rev July 11, 2024
Exhibit 1 115

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

9. Projectile Launch platforms and associated munitions — Beanbag Shotguns (Category Beanbag Shotgun
a) Quantity, Description, Capabilities, and Purchase Cost:

Quantity: (7) Remington 870 12 Gauge Multi -Shot Beanbag that has been modified with an orange stock and fore -end.

Capabilities: Beanbag shotguns can fire a 12 -gauge beanbag round with a maximum effective range of sixty (60) feet.

Usage: Beanbag shotguns utilized with beanbag rounds may be deployed to impact subjects demonstrating assaultive behavior or life -threatening behavior, as defined in Department Procedure 1.04, Use of Force. Beanbag shotguns utilized with beanbag rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of department Use of Force policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects. Beanbag shotguns combined with beanbag rounds are authorized to be used by any officer that has been trained in its use and maintains current extended range impact weapon qualifications.

Cost: The Remington 870, 12 Gauge shotgun was converted from a lethal weapon to a non -lethal weapon capable of firing a Super -Sock Bean Bag munition.

Beanbag Shotgun Munitions - (12GA Super -Sock Bean Bag Ammunition) Manufacturer Description: The Model 2581 Super -Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to unfold" or "stabilize." The Super -Sock is an aerodynamic projectile, and its accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super -Sock is first in its class, providing the point control accuracy and consistent energy to incapacitate violent, non -compliant subjects momentarily. The effective range is 75ft. Quantity — 20.

Cost: $4.85 each per round. Replace as needed.
b) Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
22 Rev July 11, 2024
Exhibit 1 116

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
c) Authorized Use:

Situations for the use of the less -lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
d) Expected Lifespan:
40mm Launcher: No expiration
40mm Sponge Munition — 5 years
Bean Bag Launcher — 5 years
Bean Bag Munitions — 5 years
e) Fiscal Impact:
40mm Launcher — $0 and $250 annually
40mm Munitions — $0 and $500 annually. Does not include training rounds.

Beanbag Shotgun — $0 and $1000 annually.

Beanbag Munitions — $0 and $250 annually. Does not include training rounds.

I) Training:

A11 officers are trained in the Remington 870 less -lethal shotgun with the 12 -gauge Super -Sock Bean Bag round. This training occurs by a POST certified less lethal instructor and through ongoing in-service training taught by Department instructors. g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Specialty Impact Munitions (SIM) Less -Lethal). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force. 23 Rev July 11, 2024
Exhibit 1 117

AB 481 Annual Report 2023
Bell Gardens Police Department
Submitted July 11, 2024
Exhibit 2 118

Military Equipment Use AB 481 Compliance Requirements:
• Approval of the Military Use Policy 706
• Publishing the Policy
• Annual Report (see below)
Annual Report Description:

Assembly Bill 481 requires the police department to report annually on the inventory, procurement, use and misuse of covered military equipment items. The annual report also includes a description of new military equipment the police department seeks City Council approval for acquisition and funding.

Per AB 481, the annual report must include the following:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Bell Gardens Ordinance No. 923 Military Equipment Policy As required by AB 481, the City Council reviewed this section as an ordinance to approve a military equipment use policy. The City Council's approval shall remain effective for a period of one-year, which approval may be revoked, extended, renewed, modified or amended by ordinance of the City Council. Within a year of the initial approval, and at least annually thereafter, the City Council will review this Ordinance. The City Council may, by ordinance, make amendments, modifications or revisions to the military equipment use policy adopted by the Bell Gardens Police Department. The ordinance must be reviewed and renewed annually. 2 Exhibit 2 119

A. The City Council has made the following determinations:
. The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy ("BGPD Policy 706") will safeguard the public's welfare, safety, civil rights and civil liberties (said Policy is attached hereto as Exhibit "A" and incorporated by this reference).

3. The equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any).

4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconfoluiing uses and ensure future compliance.

Equipment Usage for 2023:

The equipment was used during training situations and in the field on 27 occasions during April 2023 through April 2024.

Summary of Complaints for 2023:

The Department did not receive any complaints concerning military equipment from April 2023 through April 2024.

Violations of Policy 706:

An internal review revealed no violations of Policy 706 during April 2023 through April 2024.

Total Annual Cost for Military Equipment:

The estimated annual cost for the maintenance of the military equipment in the current inventory is $10,500.00. This includes the cost of replacement parts, cleaning supplies, and the staff time to conduct inspections on the equipment.
3 Exhibit 2 120

REPLACEMENT MILITARY EQUIPMENT INVENTORY LIST:
1 Unmanned Aerial. Remotely Piloted, Aerial Vehicle (Category 11 Description:

One (1) "Mavic 2 Pro" flight drone manufactured by DJI Technology. This drone is equipped with Hasselblad cameras, with 3 -axis gimbal, HDR 4K video, adjustable aperture, 20MP 1" CMOS sensors. Additionally, this drone is equipped with a Hasselblad L1D-20c camera with a 20MP 1" CMOS Sensor, the Mavic 2 camera drone allows the department to capture aerial shots in color and detail, up to 31 minutes flight time, 44 mph max speed, 907G takeoff weight, 3 -axis gimbal for steady shots, 8GB internal storage, SD card support up to 128 GB, Functions include Active Track 2.0, Omnidirectional Obstacle Sensing, Hyper lapse, Low -Noise Design, Adjustable Aperture, HDR Photos, the standard remote controller offers up to 135 minutes of battery life on a full charge.

One (1) "Mavic 2 Pro Enterprise" Flight Drone manufactured by DJI Technology. This drone is equipped with Hasselblad cameras, with 3 -axis gimbal, HDR 4K video, adjustable aperture, 20MP 1" CMOS sensors. Additionally, the drone is equipped with a Hasselblad L1D-20c camera with a 20MP 1" CMOS Sensor, the Mavic 2 camera drone allows the department to capture aerial shots in color and detail, up to 31 minutes flight time, 44 mph max speed, 907G takeoff weight, 3 -axis gimbal for steady shots, 8GB internal storage, SD card support up to 128 GB, Functions include Active Track 2.0, Omnidirectional Obstacle Sensing, Hyper lapse, Low -Noise Design, Adjustable Aperture, HDR Photos, the standard remote controller offers up to 135 minutes battery life on a full charge. What separates these drones is that the Enterprise drone has attachment capabilities.

Initial Cost - $6,691. 05 (Bundle Price)
One (1) "Autel Evo 2 Pro Drone is manufactured by Autel Robotics. The Autel EVO II Pro is a folding drone with a stable 6K camera and a remote with a built-in display. In its standard flight mode, the EVO II tops out at 22mph and offers all-around obstacle detection. It's very useful for working lower to the ground, where trees or other obstructions may be an issue. This drone is equipped with GPS for stabilization. It has a maximum speed of 44 MPH and a flight time of 40 minutes.

Initial Cost - $ Donated.

Two (2) Loki MK2 Drones manufactured by Sky -Hero. These drones are equipped with a forward -facing, .0008 lux day/night camera with 150° wide angle field of view. On board HD microphone, integrated flight stability/hover system using only onboard sensors front and bottom selectable and dimmable IR LED's. The Loki MK2 has a maximum speed of 20kt and a flight endurance of 15 minutes. It is purposely built for close quarter indoor scouting missions. 4 Exhibit 2 121

Initial Cost - $13,834.20. (Bundle Price)
One (1) DJI Avata Pro View Combo with Goggles second generation manufactured by DJI Technologies. The DJI Avata 2 delivers an immersive First -Person View (FPV) drone experience with improved imaging, safety, and battery life. The drone is equipped with a Single - axis mechanical gimbal (tilt), 1/1.3 -inch CMOS Sensor, HDR 4K video, immersive flight experience, and comes with DJI Goggles, RC Motion 3 remote, and the DJI FPV Remote Controller. The flight time per battery is about 23 minutes and has a hovering time of 21 minutes. The maximum flight distance is about 8 miles depending on terrain. This drone provides the capability for officers to conduct reconnaissance inside a building prior to sending officers inside or even a K-9. The drone allows for officers to clear an entire home or building limiting exposing personnel to the dangers of potentially entering a structure occupied by suspects.

Initial Cost - $6,205.80.

One (1) DJI Matrice 30T Theluial drone manufactured by DJI Technologies. The DJI Matrice 30T delivers higher operational efficiency and provides a balance between power and portability.

The Matrice provides a 41 -minute flight time per battery. The M30T can handle adverse weather and temperatures. Dual -vision and TOF sensors appear on all six sides of the aircraft, keeping it and our mission safe. The built-in ADS -B receiver provides timely warnings of any incoming crewed aircraft nearby. The M30 Series integrates wide, zoom, and thermal cameras (M30T only) with a laser rangefinder, which together can capture the aerial data we need, when we need it. The M30T provides our department with a powerful drone with amazing camera capabilities in order to assist our officers in any type of situation including tactical encounters.

Initial Cost - $539.12
Purpose and Authorized Use:

The use of drones expedites the response time to calls, aids in the active investigation of a criminal offense, or other calls where an aerial view of the incident can help preserve life and/or property. 5 Exhibit 2 122

Furthermore, drones can help personnel determine the best tools, tactics, and resources to safely mitigate a problem.

Only authorized operators who have completed the required training and Federal Aviation Association (FAA) certification shall be permitted to operate the UAS.

Equipment Capabilities:

Traffic crash reconstruction
Pre -tactical deployment
Monitor large crowds
Patrol -led deployment
Aerial search investigations
Searching for lost persons
Traffic pattern review
Fiscal Impact:

No known annual maintenance cost.

Training Required:

Legal and Procedural Rules:

Use is established in the Department Manual. It is the policy of the Department to utilize drones for official law enforcement purposes, and according to State and Federal law regarding the use of force.

Total Cost:
$37,258.98, Quantity 8.

2. Specialized Firearms and Ammunition (Category 9)
Description:

The M4 rifle is a versatile semi -automatic, gas -operated, air-cooled, magazine -fed carbine that fires the 5.56 x 45mm NATO round. The rifle features a collapsible stock, allowing for easy adjustment based on the shooter's preference or the tactical situation. The ammunition purchased was the following:
• .556 ammunition (5,000 quantity / total cost: $2734.00) • 308 ammunition (1,200 quantity / total cost: $1803.74) 6 Exhibit 2 123

Purpose and Authorized Use:

The M4 rifle serves several critical purposes and is utilized in various scenarios where its capabilities are advantageous. It provides sufficient range and accuracy for engaging targets at medium distances, typically up to 300-400 meters ensuring precision and accuracy. Officers must attend a 40 -hour POST certified course and are subject to ongoing extensive classroom and practical application training.

Expected Life Span:

The expected lifespan of an. M4 rifle can vary based on several factors, including maintenance, usage conditions.

Fiscal Impact:

Regular maintenance cost.

Training:

Officers must attend M4 Rifle Training that is conducted by a certified instructor. Additionally, officers will receive ongoing in-service training and must qualify regularly.

Legal and Procedural Rules:

Use is established in the Department Manual. It is the policy of the Department to utilize M4 rifles only for official law enforcement purposes, and according to State and Federal law regarding the use of force.

Total Purchase Cost:
$39,172.70, Quantity 30 (Rifles)
• .556 ammunition (5,000 quantity / total cost: $2734.00) • 308 ammunition (1,200 quantity / total cost: $1803.74) TOTAL: $43,710.44
*BGPD anticipates in the future to replace equipment and/or participate in buyback program.

3. Diversionary Devices (Category 12):

Description:

Diversionary Devices, also known as flashbangs, distraction devices, light/sound devices, and noise/flash diversionary devices, provide law enforcement with an effective tool that may assist in resolving tactical incidents. The devices create a loud report, heat, and brilliant light because they are "low explosive" devices. They are excellent for use during high -risk entry scenarios and other tactical applications. They may disorient/confuse subjects for a few seconds (lag time), providing 7 Exhibit 2 124

law enforcement with an opportunity to end hostile situations peacefully.

Purpose and Authorized Use:

SOT operators must complete an 80 -hour SWAT academy and are subject to ongoing extensive classroom and practical application training in the use of Diversionary Devices. Additionally, SOT operators regularly train on safe device deployments in various operational settings.

Expected Lifespan:

Five (5) year shelf life.

Fiscal Impact:

The department orders fifty (50) devices triennially; however, orders can be made biennially depending on usage. These bulk purchases are approximately $2000.

Training:

Officers must attend Diversionary Device Training that is conducted by a certified instructor.

Additionally, officers will receive ongoing in-service training on the use of diversionary devices.

Legal and Procedural Rules:

Total Purchase Cost:
$5171.92, Quantity 81.

4. Tear Gas/Chemical Munitions (Category 121
Description:

Chemical agent munitions, commonly called "tear gas," are used as a non -lethal option/tool to disperse rioting subjects/barricaded suspects per Bell Gardens Police Department Policy and applicable law. Generally, chemical agents can be used to dislodge a suspect from a location with the least possible danger to the community, police, and suspect during high -risk tactical incidents.

Chemical agents can prevent an aunned suspect from accurately firing at the community and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable 8 Exhibit 2 125

to defend against a threat to life or serious bodily injury to any individual, including the officer, or bring a dangerous and unlawful situation safely and effectively under control.

CS (Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de- regulated in California in 1996, is endorsed by the FBI, and is available to civilians to possess (2.5 oz. or less) legally. OC is an inflammatory agent that causes involuntary eye closure (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for the use of the less -lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals.

Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained.

Vicious animals.

Training exercises or approved demonstrations.

Non -lethal force.

Authorized Use:

Expected Lifespan:

A11 munitions lifespan is 5 years from the date of manufacture.

Fiscal Impact:

Initial cost of $1500 per munition category. The fiscal impact of the chemical munitions is between $0 - $2000 annually, depending on usage.

Training:

Officers utilizing chemical agents must be certified by a chemical agent instructor. Additionally, officers will receive ongoing in-service training.
9 Exhibit 2 126

Legal and Procedural Rules:

Total Purchase Cost:
$0.00, Quantity 0. No purchases were made for FY2023-24 or equipment was used.

5. 40mm Munitions - (Exact Impact 40mm Standard Range Sponge Round) (Category 14)
Description:

The Exact Impact 40 mm Sponge Round is a point -of -aim, point -of -impact direct -fire round. This lightweight, high-speed projectile consists of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher's rifled barrel. The round utilizes smokeless powder as the propellant and, therefore, has exceptionally consistent velocities. Used for Crowd Control, Patrol, and Tactical Applications.

Purpose:

As defined in department policy, 40mm launchers utilized with less -lethal sponge rounds are deployed to impact subjects demonstrating assaultive behavior or life -threatening behavior. 40mm launchers utilized with less -lethal sponge baton rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of the department policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects.

Authorized Training / Use:

A11 officers receive training on the use of the 40mm launcher with the sponge round. This training occurs during qualification and through ongoing in-service training taught by Department instructors.

Life Span:

All munitions lifespan is 5 years from the date of manufacture. 10 Exhibit 2 127

Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force). It is the policy of the Department to utilize sponge rounds only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force.

Total Purchase Cost:
$1984.46, Quantity 76.

NEW PROPOSED ITEMS FOR THE MILITARY EOUIPMENT INVENTORY LIST BGPD anticipates purchasing additional rifles and ammunition. The Police Department anticipates on selling back rifles under the Law Enforcement buy-back program. 11 Exhibit 2 128

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery ofpurchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above -described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 Exhibit 3 129

Ch. 406
2 —
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state -mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would snake legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows.:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any goverment agency's decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Exhibit 3 130

— 3 Ch. 406
(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 12.8. FUNDING, ACQUISITION, AND USE OF MILITARY

EQUIPMENT
7070. For purposes of this chapter, the following definitions shall apply:
(a) "Governing body" means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office, "governing body" means the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff's department.
(3) A district attorney's office.
(4) A county probation department.
(c) "Military equipment" means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles, (2) Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 Exhibit 3 131

Ch. 406
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However; standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However; standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service -issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mrn projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) "Military equipment use policy" means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Corrunission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Exhibit 3 132

— 5 — Ch. 406
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) "Type" means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley -Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 Exhibit 3 133

Ch.406 —6—
the military equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley -Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, connective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley -Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Exhibit 3 134

7 — Ch. 406
to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well -publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United. States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 Exhibit 3 135

Ch. 406
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to Januaiy 1, 2022, shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency's internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor's designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people's business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Exhibit 3 136

— 9 — Ch. 406
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. 0 92
Exhibit 3 137

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 3.

TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Daisy Gomez, City Clerk

GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE: August 12, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

BACKGROUND/DISCUSSION:

In order to expedite the conduct of business at Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant information and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.

CONCLUSION:

Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 138

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item4.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, Executive Director
BY: Daisy Gomez, City Clerk
SUBJECT: APPROVAL MINUTES OF JULY 22, 2024, CITY COUNCIL CLOSED SESSION AND

CITY/ SUCCESSOR AGENCY JOINT MEETING
DATE: August 12, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council approve the minutes of the July 22, 2024 City Council Closed Session and City/Successor Agency Joint Meeting.

BACKGROUND/DISCUSSION:

Every Closed Session and City/Successor Agency Joint Meetings the City Clerk documents the actions made by the Agency Members/City Council.

CONCLUSION:

If approved, the minutes of the City Council Closed Session and City/Successor Agency Joint Meeting will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Minutes of July 22, 2024 Regular City Council/Successor Agency Joint Meeting Exhibit 2 - Minutes of July 22, 2024 Closed Session
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 139

CITY OF BELL GARDENS

CITY COUNCIL / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION

JOINT MEETING
MONDAY, JULY 22, 2024, 6:00 PM

MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 PUBLIC PARTICIPATION: For Regular Meetings, the public may address the City Council / Agency Members on any item listed on the Regular Meeting Agenda and matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments for non -agenda items will be limited to a total of 30 minutes. For Special Meetings, the public may only speak on items listed on the agenda. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments can be made by any of the following ways:

BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council / Successor Agency and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

Exhibit 1 140

CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on July 22, 2024, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Gabriela Gomez presiding. Mayor Gabriela Gomez called the joint meeting to order at 6:06 p.m.

INVOCATION
The invocation was given by Minister Daniel Anguiano.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chief Paul Camacho.

ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS

Present:

Jorgel Chavez, Agency Member/Council Member
Francis De Leon Sanchez, Agency Member/Council Member
Marco Barcena, Vice Chair/Mayor Pro Tem
Gabriela Gomez, Chair/Mayor

Absent:

Maria Pulido, Agency Member/Council Member (Excused)

PRESENTATIONS
• CERTIFICATE OF RECOGNITION - STAR CAR WASH
Councilmember Francis de Leon Sanchez read and presented the certificate of recognition. • CERTIFICATE OF RECOGNITION -VIDASANA
Mayor Pro Tem Marco Barcena read and presented the certificate of recognition.

PUBLIC HEARING (Item Nos. 1 - 3)

1. CONSIDERATION OF ORDINANCE NO. 945 TO AUTHORIZE A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND. ("STIIZY" RETAIL CANNABIS) RELATING TO THE PROPERTY LOCATED AT 5726 GAGE AVENUE

IN THE CITY OF BELL GARDENS
Waive full reading and introduce Ordinance No. 945, by title only, to approve the proposed Development Agreement No. 2023-077 for a cannabis retail storefront at 5726 Gage Avenue.

Recommendation:

It is staff's recommendation that the City Council waive full reading and introduce Ordinance No. 945, by title only, to approve the proposed Development Agreement No. 2023-077 for a cannabis retail storefront at 5726 Gage Avenue.

Mayor Gabriela Gomez opened the public hearing at 6:23 p.m.

Exhibit 1 141

Steven Jones, City Planner, provided a presentation.

Tak Sato, President of Stiiizy, provided a presentation.

PUBLIC COMMENT
City Clerk Daisy Gomez announced that no written comments were received.

Bruce Crow spoke in opposition to the item.

Mayor Gabriela Gomez closed the public hearing at 6:49 p.m.

A motion was made by Mayor Pro Tem Marco Barcena, seconded by Councilmember Francis de Leon Sanchez to approve staff's recommendation and approve Ordinance No. 945.

The motion carried 3-1-1 with the following votes:

AYES: Sanchez, Barcena, Gomez
NOES: Chavez
ABSENT: Pulido
ABSTAIN: None

2. CONSIDERATION OF GENERAL PLAN AMENDMENT NO. 2022-060 TO ADD AN

ENVIRONMENTAL JUSTICE ELEMENT TO THE BELL GARDENS GENERAL PLAN Consideration and approval of a general plan amendment to add a new Environmental Justice Element to the Bell Gardens General Plan consistent with State Law.

Recommendation:

It is staff's recommendation that the City Council:

1. Find pursuant to California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Section 15074, after consideration of the whole administrative record, including the Initial Study/Negative Declaration (IS/ND), and all comments received, there is no substantial evidence that the project will not have a significant effect on the environment and adopt IS/ND(SCH# 2024040433); and

2. Adopt the attached resolution to approve General Plan Amendment 2022-060 to add an Environmental Justice (EJ) Element to the Bell Gardens General Plan.

Mayor Gabriela Gomez opened the public hearing at 6:59 p.m.

Jessica Kirchner, Impact Sciences Representative, provided a presentation.

PUBLIC COMMENT
City Clerk Daisy Gomez announced that no written comments were received.

Bruce Crow spoke regarding the environmental justice process.

Mayor Gabriela Gomez closed the public hearing at 7:23 p.m.

Exhibit 1 142

A motion was made by Councilmember Jorgel Chavez, seconded by Mayor Pro Tem Marco Barcena to approve staff's recommendation.

The motion carried 4-0-1 with the following votes:

AYES: Chavez, Sanchez, Barcena, Gomez
NOES: None
ABSENT: Pulido
ABSTAIN: None
Resolution No. 2024-51 was approved.

3. CONSIDERATION OF ORDINANCE NO. 943 AMENDING CHAPTER 9.04 (DEFINITIONS), CHAPTER 9.12 (COMMERCIAL ZONES), CHAPTER 9.14 (INDUSTRIAL ZONE).

CHAPTER 9.20 (SPECIAL USES AND APPLICABLE STANDARDS), AND CHAPTER 9.38 (PARKING AND LOADING (OFF STREET)) OF TITLE 9 (ZONING AND PLANNING

REGULATIONS) OF THE BELL GARDENS MUNICIPAL CODE TO REGULATE VEHICLE

PARKING AND STORAGE FORAUTOMOBILE REPAIR USES
Waive full reading and introduce Ordinance No. 943, by title only, to regulate vehicle parking and storage for automobile repair uses.

Recommendation:

It is staff's recommendation that the City Council:

1. Find the proposed Ordinance No. 943 (Exhibit 1) categorically exempt from the California Environmental Quality Act (CEQA); and

2. Waive full reading and introduce Ordinance No. 943, by title only, amending Chapter 9.04 (Definitions), Chapter 9.12 (Commercial Zones), Chapter 9.14 (Industrial Zone), Chapter

9.20 (Special Uses and Applicable Standards), and Chapter 9.38 (Parking and Loading (Off Street)) of Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code (BGMC) to regulate off-street vehicle parking and storage for automobile repair uses.

Mayor Gabriela Gomez opened the public hearing at 7:24 p.m.

PUBLIC COMMENT
City Clerk Daisy Gomez announced that no written comments were received.

Mayor Gabriela Gomez closed the public hearing at 7:31 p.m.

A motion was made by Councilmember Francis De Leon Sanchez, seconded by Mayor Pro Tem Marco Barcena to approve staff's recommendation.

The motion carried 4-0-1 with the following votes:

AYES: Chavez, Sanchez, Barcena, Gomez
NOES: None
ABSENT: Pulido
Exhibit 1 143

ABSTAIN: None

PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY
City Clerk Daisy Gomez announced that there were no written comments received.

Lee Squire provided a comment regarding honoring the month of July as the Americans with Disabilities Act of 1990 and August as the Purple Heart Medal City and Month.

Bruce Crow spoke in support of the neutral flag policy.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
City Clerk Daisy Gomez announced that there were no written comments received.

Bruce Crow spoke in opposition to Item No. 10.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.

CONSENT CALENDAR (Item Nos. 4 - 18)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.

Items called for separate discussion will be heard as the next order of business.

A motion was made by Mayor Pro Tem Marco Barcena, seconded by Councilmember Frances de Leon Sanchez to approve Consent Calendar Item Nos. 4 -18.

The motion carried 4-0-1 with the following votes:

AYES: Chavez, Sanchez, Barcena, Gomez
NOES: None
ABSENT: Pulido
ABSTAIN: None

4. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

Exhibit 1 144

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

5. APPROVAL MINUTES OF JUNE 24, 2024, CITY/ SUCCESSOR AGENCY JOINT

MEETING
Approve the minutes of the June 24, 2024 City/Successor Agency Joint Meeting.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the June 24, 2024 City/Successor Agency Joint Meeting.

6. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staffs recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 06/13/2024, 06/18/2024, and 06/25/2024. 7 MAY 2024 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the May 2024 Treasurer's Report.

8. JUNE 2024 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the June 2024 Treasurer's Report.

9. CONSIDERATION OF A RESOLUTION AUTHORIZING SUBMITTAL OF AN

APPLICATION TO THE STATE PROHOUSING DESIGNATION PROGRAM Consideration of a resolution to authorize submittal of an application to the California Department of Housing and Community Development Prohousing Designation Program established to increase the availability of housing statewide.

Recommendation:

Exhibit 1 145

It is staff's recommendation that the City Council adopt a resolution authorizing submittal of an application to the California Department of Housing and Community Development Prohousing Designation Program.

Resolution No. 2024-52 was approved.

10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS

APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BELL GARDENS AND BLUE STRIKE ENVIRONMENTAL, INC. FOR THE PREPARATION

OF A CLIMATE ACTION PLAN
A resolution to approve a professional service agreement between Blue Strike Environmental, Inc. for consultation on the preparation of the Bell Gardens Climate Action Plan.

Recommendation:

It is staff's recommendation that the City Council adopt the attached Resolution approving a Professional Services Agreement with Blue Strike Environmental, Inc. for the preparation of the Bell Gardens Climate Action.

Resolution No. 2024- 53 was approved.

11. JOINT TAX TRANSFER RESOLUTION ARTESIA CEMETERY DISTRICT, DOWNEY

CEMETERY DISTRICT, AND LITTLE LAKE CEMETERY DISTRICT REORGANIZATION NO. 2021-03
Three public cemeteries (Artesia Cemetery District, Downey Cemetery District, and Little Lake Cemetery District) have undertaken a reorganization to better serve the community and rectify map deficiencies. This reorganization will result in more logical boundaries for all three cemeteries that will align with existing city boundaries. Approval would put Bell Gardens residents within the boundaries of the Downey Cemetery District and would afford all Bell Gardens residents with the "in district" rate for burials at the Downey Cemetery District.

Recommendation:

It is staff's recommendation that the City Council adopt a Joint Tax Transfer Resolution for Artesia Cemetery District, Downey Cemetery District and Little Lake Cemetery District Reorganization No. 2021-03.

Joint Tax Resolution No. 2021-03 was approved.

12. CONSIDERATION OF A RESOLUTION APPROVING A WATER RIGHT LICENSE AND AGREEMENT WITH LIBERTY UTILITIES (PARK WATER) CORP. GRANTING A LICENSE TO EXTRACT 500 ACRE-FEET OF CITY'S GROUNDWATER PUMPING ALLOCATION RIGHTS FOR FY 2023-2024
Consideration of a Resolution approving a Water Right License and Agreement with Liberty Utilities (Park Water) Corp. granting a license to extract 500 acre-feet of the City's unused groundwater pumping allocation rights for fiscal year 2023-2024.

Recommendation:

It is staff's recommendation that the City Council adopt the attached Resolution approving a Water Right License and Agreement with Liberty Utilities (Park Water) Corp. granting a license to extract 500 acre-feet of the City's unused groundwater pumping allocation rights for fiscal year 2023-2024, for a total fee of $25,000.

Resolution No. 2024- 54 was approved.

Exhibit 1 146

13. ACCEPTANCE OF SLURRY SEAL ZONE 4 (CIP NO. 3921) PROJECT AS COMPLETE Consideration of acceptance of the Slurry Seal Improvement Zone 4 as complete.

Recommendation:

It is staffs recommendation that the City Council:

1. Accept the Slurry Seal Improvement Zone 4 (CI P No. 3921) as complete; and

2. Authorize staff to file the Notice of Completion.

14. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE FORD PARK MAINTENANCE YARD ACCESS ROAD PROJECT (CIP NO. 3902)
The plans and specifications for the Ford Park Maintenance Yard Access Road Project have been prepared. Approval of this item will allow the City to advertise the project for bids.

Recommendation:

It is staff's recommendation that the City Council:

1. Approve the plans and specifications for the Ford Park Maintenance Yard Access Road Project;

2. Authorize staff to solicit competitive bids and publish the Notice Inviting Sealed Bids (NISB); and

3. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c).

15. CONSIDERATION OF A RESOLUTION APPROVING TRANSFER AGREEMENT NO. 2024MP08 WITH THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR THE SAFE, CLEAN WATER PROGRAM — MUNICIPAL PROGRAM
Consideration of a Resolution approving a transfer agreement with Los Angeles County Flood Control District for the Safe, Clean Water— Municipal Program.

Recommendation:

It is staff's recommendation that the City Council adopt the attached Resolution approving Transfer Agreement No. 2024MP08 with the Los Angeles County Flood Control District for the Safe, Clean Water Program - Municipal Program.

Resolution No. 2024- 55 was approved.

16. APPROVAL OF SUBRECIPIENT AGREEMENT WITH COUNTY OF LOS ANGELES FOR 2021 STATE HOMELAND SECURITY PROGRAM
The City has been awarded $72,000 for the 2021 State Homeland Security Program grant funding.

If the subrecipient agreement is approved, staff will come at a later to Council for approval of the proposed purchases allowed under this grant.

Recommendation:

It is staff's recommendation that the City Council adopt the attached Resolution approving the State Homeland Security Program Subrecipient Agreement Grant Year 2021 between the County of Los Angeles and the City of Bell Gardens thereby accepting the 2021 State Homeland Security Program (SHSP) grant funds.

Resolution No. 2024- 56 was approved.

17. CONSIDERATION OF FIRST AMENDMENT TO CONTRACT SERVICE AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE Exhibit 1 147

SERVICES AT FORD PARK
A First Amendment to the Contract Services Agreement with BrightView Landscape Services, Inc. for landscape services at Ford Park.

Recommendation:

It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a First Amendment to the Contract Services Agreement with Brightview Landscape Services, Inc. approving a CPI adjustment of 3.9% and exercising the right to extend the Term of the Contract Services Agreement to June 1, 2025.

Resolution No. 2024- 57 was approved.

18. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES

REGIONAL FOOD BANK
Approval of Memorandum of Understanding (MOU) between the City of Bell Gardens and Los Angeles Regional Food Bank for monthly food distribution product.

Recommendation:

It is staff's recommendation that the City Council approve the attached MOU between the City of Bell Gardens and Los Angeles Regional Food Bank for food supplies for a monthly food distribution.

Resolution No. 2024-58 was approved.

DISCUSSION (Item Nos. 19-20)

19. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.

Recommendation:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

Councilmember Francis de Leon Sanchez nominated Carmen Sandoval Vargas to fill her vacancy in the Recreation, Cultural, and Youth Commission.

Mayor Gabriela Gomez nominated Mayra Yanez to fill her vacancy to the Senior Citizen Commission.

A motion was made by Mayor Pro Tem Marco Barcena, seconded by Councilmember Jorge! Chavez to fill the vacancies as nominated by Councilmember Francis de Leon Sanchez and Mayor Gabriela Gomez.

The motion carried 4-0-1 with the following vote:

AYES: Barcena, Gomez, Chavez, De Leon Sanchez
NOES: None
ABSENT: Pulido
Exhibit 1 148

ABSTAIN: None

20. URGENCY ORDINANCE NO. U-947 OF THE CITY OF BELL GARDENS UNDER GOVERNMENT CODE SECTION 36937, ESTABLISHING UNCODIFIED REGULATIONS

RELATED TO DEMOLITION, ALTERATION, AND RELOCATION OF HISTORICAL

RESOURCES
Waive full reading and adopt Urgency Ordinance No. U-947, by title only, to establish regulations related to demolition, alteration, and relocation of historical resources.

Recommendation:

It is staffs recommendation that the City Council:

1. Find the proposed urgency ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Title 14, Section 15061(b)(3);

2. Adopt Urgency Ordinance No. U-947, establishing uncodified regulations related to demolition, alteration, and relocation of historical resources.

Lloyd Pilchen, Assistant City Attorney, provided a presentation.

A motion was made by Councilmember Francis De Leon Sanchez, seconded by Councilmember Jorgel Chavez to approve staff's recommendation.

The motion carried 4-0-1 with the following vote:

AYES: Barcena, Gomez, Chavez, De Leon Sanchez
NOES: None
ABSENT: Pulido
ABSTAIN: None
Urgency Ordinance No. U-947 was approved.

CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS
Members of the Council and Successor Agency made community announcements and comments.

ADJOURNMENT
Mayor Gabriela Gomez adjourned the meeting at 8:21 p.m.

Daisy Gomez, City Clerk
Agenda posted on July 18, 2024.

Exhibit 1 149

CITY OF BELL GARDENS

CITY COUNCIL

REGULAR MEETING - CLOSED SESSION
MONDAY, JULY 22, 2024
5:00 PM

MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens,org/i-want-to/watch-city-council-meetinqs .

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to CityClerkDesk ' bellgardens.orq no later than 72 -hours before the scheduled meeting.

PUBLIC PARTICIPATION: The members of the public may address the City Council on any item listed on the agenda. Public comments are limited to three (3) minutes. Public comments for non - agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

IN -PERSON: Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to (3) minutes per speaker, unless different time is announced by the presiding chair. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.

BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/oin and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021 Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS: Public comments may be emailed to PublicComments( bellgardenseorg or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution Exhibit 2 150

to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

CALL TO ORDER
The Council Members of the City of Bell Gardens City Council held a regular meeting on July 22, 2024, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Gabriela Gomez presiding at 5:11 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Jorgel Chavez, Agency Member/Council Member
Francis De Leon Sanchez, Agency Member/Council Member
Marco Barcena, Vice Chair/Mayor Pro Tem
Gabriela Gomez, Chair/Mayor

Absent: Maria Pulido, Agency Member/Council Member

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
City Clerk Daisy Gomez announced that there were no written comments, and no public comments were provided.

CLOSED SESSION (Item No. 1):

City Attorney Stephanie Vasquez announced the Closed Session items. The City Council recessed into closed session at 5:13 p.m. to discuss the items listed on the agenda.

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (D)(1)) - KROGER

MULTISTATE SETTLEMENT, IN RE NATIONAL PRESCRIPTION OPIATE LITIGATION, MDL NO. 2804
Title: City Manager

CLOSED SESSION REPORT
The City Council reconvened to open session at 6:05 p.m., City Attorney Stephanie Vasquez announced that there was no reportable action for Item No. 1.

Exhibit 2 151

ADJOURNMENT
Mayor Gabriela Gomez adjourned the meeting at 6:06 p.m.

Daisy Gomez, City Clerk
Agenda was posted on July 18, 2024.

Exhibit 2 152

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 5.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance & Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: August 12, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 06/27/2024, 07/02/2024, 07/08/2024, 07/09/2024, 07/11/2024 and 07/16/2024.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 06/27/2024, 07/02/2024, 07/08/2024, 07/09/2024, 07/11/2024 and 07/16/2024. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.

CONCLUSION:

If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 06/27/2024, 07/02/2024, 07/08/2024, 07/09/2024, 07/11/2024 and 07/16/2024 will be received and filed.

FISCAL IMPACT:
e transfer 06/27/2024
arrant register 07/02/2024
Net payroll transfer 6/27/2024
ire transfer
arrant rer Iste
e transfer 07
07/08/2024
07/09/2024_w_
2024
arrant re_ ester 07/16/2024
Net payroll transfer 07/11/2024
ATTACHMENTS:
948-1952
190896-190969
Total Bank
Total Voucher
95 190970-191121
Total Bank
954-1.957
191122-191215
Total Bank
Total Voucher
Grand Total Vouchers
$285,785.80
449,130.93
734,9163
$560,411„45
1,295 328.18
634
887
$667 24255
©1431.28
$304,366.50
$7791831.38
1,084,197.88
$598,883.97
153

EXHIBIT -1 WARRANT REGISTER
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services

190900
190901
190902
190903
Voucher List
07/03/2024 9:41:03AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Invoice
190896 7/2/2024 009705 ANYTHING FOR SALINAS BAND, KAROL F 1042 190897 7/2/2024 009158 CINDY'S JUMPERS LLC, EDGAR LOPEZ 80994 82196
190898 7/2/2024 010358 DOWNEY PARTY RENTALS Q-086891
190899 7/2/2024 011049 GONZALEZ, GABRIEL 070324
7/2/2024 010569 LA BOMBA MIX & JC PRODUCTIONS, JUAI 1-70324 7/2/2024 007759 PLS, ARTURO H ADORNO,
7/2/2024 010539 TLC CREATIVE
7/2/2024 010402 VIP GRAPHICS, ANTONIO ANGUIANO
8 Vouchers for bank code : common
8 Vouchers in this report
025 070124
229714767
0578
PO #
Description/Account
Page: 1
Amount
05816 RCS SUMMER CONCERT 2 - LIVE I 3,500.00
Total : 3,500.00
RCS SUMMER CAMP WEEK 5 560.74
05850 RCS INDEPENDENCE DAY RENTAL 3,764.50
Total : 4,325.24
05810 RCS INDEPENDENCE DAY 2024 - D 1,261.15
Total : 1,261.15
05811 RCS INDEPENDENCE DAY 2024 - P 3,500.00
Total : 3,500.00
05812 RCS INDEPENDENCE DAY 2024 —
Total :
05813 RCS INDEPENDENCE DAY 2024 LA
Total :
1,750.00
1,750.00
9,000.00
9,000.00
05854 RCS INDEPENDENCE DAY MULTI N 29,500.00
Total : 29,500.00

RCS INDEPENDENCE FEATHER FL
Total :
371.45
371.45
Bank total : 53,207.84
Total vouchers : 53,207.84
Exhibit 1 155

Voucher List
07/03/2024 10:44:15AM CITY OF BELL GARDENS
Page: 1
Bank code : common
Voucher
Date Vendor
Invoice PO # Description/Account Amount
1948 -WIRE 6/27/2024 003358 BANK OF THE WEST Ben601835 STATE INCOME TAX: PAYMENT 26,783.16 Total : 26,783.16
1949 -WIRE 6/27/2024 003359 BANK OF THE WEST Ben601831 FEDERAL INCOME TAX: PAYMENT 89,103.40 Total : 89,103.40
1950 -WIRE 6/27/2024 001725 CALPERS Ben601833 PERS - MISC: PAYMENT 145,555.36 Total : 145,555.36
1951 -WIRE 6/27/2024 006722 CITY EMPLOYEES ASSOC. Ben601829 BGPWA DUES: PAYMENT 500.00 Total : 500.00
1952 -WIRE 6/27/2024 009439 MASS MUTUAL Ben601837 MASS MUTUAL: PAYMENT 23,843.88 Total : 23,843.88
190904 7/2/2024 008604 ACCOUNT 6746022400, U.S. BANK PARS Ben601821 PARS: PAYMENT 9,121.10 Total : 9,121.10
190905 7/2/2024 000098 ALIN PARTY SUPPLY 609155 RCS EMPLOYEES GRAD SUPPL 6/1 234.36 610491 RCS DAY CAMP SUPPL 82.38
610637 RCS STAFF TRNG. SUPPL 79.74
611832 RCS DAY CAMP TABLE COVERS 171.91
Total : 568.39
190906 7/2/2024 000106 ALL CITY MANAGEMENT SERVICES 94259 05701 PW SCHOOL CROSSING GUARD 14,780.34 Total : 14,780.34
190907 7/2/2024 010833 AMAZON CAPITAL SERVICES, INC. 13RS-QWJ9-CQ97 RCS FP OFFICE SUPPL 287.47 19MY-LFKK-93Y9 RCS STAR UNBDER THE SEA 6/21 77.22
1 FXL-CR49-6743 RCS COMM. BLOCLK PARTY 126.35
1 K4C-JP9T-TKDM RCS CFSC OFFICE SUPPL 82.65
1KM6-KQJ1-3TFY RCS CREATIVE TUESDAY 97.67
1PN1-KXJ9-T67W RCS NYC ASP SUPPL 188.91
1 RRY-73FM-11 K4 RCS MOVIE UNDER THE STARS MC 95.30
1TWH-J3T6-3TLD RCS ASP FORD PETEL & PASTRIEF. 35.75
GQ3-PVPQ-WTM3 RCS STAR WATERMANIA6/28 47.38
Total : 1,038.70
Exhibit 1 156

07/03/2024 10:44:15AM
Bank code : common
Voucher Date Vendor
190908 7/2/2024
190909 7/2/2024
190910 7/2/2024
190911 7/2/2024
190912 7/2/2024
190913 7/2/2024
190914 7/2/2024
190915 7/2/2024
Voucher List

CITY OF BELL GARDENS
000150 ANAYA'S SERVICE CENTER
003260 ANDRADE, ARMANDO
000284 ASSOC., BELL GARDENS POLICE
006098 BELTRAN, JEANETTE
008453 BLACK & WHITE EMERGENCY VEH
000302 BLUE DIAMOND MATERIALS
008203 C.A.T. SPECIALTIES, INC
008114 CALIFORNIA CLEANING SUPPLIES
190916 7/2/2024 006083 CEA BG CITY EMPLOYEES
190917 7/2/2024 000452 CENTRAL BASIN MWD
Invoice
PO #
Description/Account
39944 PW SRVC/REPAIR VEH. #G-2
40143 PW SRVC/REPAIR VEH. #CUI
Total :
8686
Ben601823
2024.3.14
5526
3621092
40513
57790
57791
57800
57801
57802
57805
57806
57809
Ben601819
BG-MAY24

RCS PAINT MACHINE REPAIRS
Total :

NON -SWORN POA MEMBER -DUES,
Total :

RCS MARCH COMM. MTNG.

Total :

Page: 2
Amount
636.16

80.66 716.82
104.80
104.80
3,134.00
3,134.00
100.00
100.00
05641 PD MDC DELL VEHICLE DOCK STA 2,292.23
Total : 2,292.23

PW CONCRETE/ASPHALT DUMP FE
Total :

PW B -BALL CAPS UNIFORMS
Total :

PW CUSTODIAL SUPPL

PW CUSTODIAL SUPPL
BGCEA: PAYMENT
Total :

Total :

PW MNTHLY WATER SRVC. MAY 2C
Total:
106.99
106.99
986.08
986.08
572.86
236.77
568.23
669.66
722.07
880.09
418.71
214.82
4,283.21
1,536.00
1,536.00
113,295.68
113,295.68
Exhibit 1
157

Voucher List
07/03/2024 10:44:15AM CITY OF BELL GARDENS
Page: 3
Bank code : common
Voucher Date Vendor Invoice PO # Description/Account Amount 190918 7/2/2024 001447 CHARTER COMMUNICATIONS 3506061624 CABLE SRVCS. CH 6/16/24-7/15/24 126.37 Total : 126.37
190919 7/2/2024 009158 CINDY'S JUMPERS LLC, EDGAR LOPEZ 80460 RCS RED,WHITE & BOOM EVENT 367.10 80921 RCS COMM. BLOCK PARTY JUMPE 509.64
Total: 876.74
190920 7/2/2024 004807 DAPEER,ROSENBLIT & LITVAK 23057 CD LEGAL-MUNIC CODE 5/2024 985.00 23058 PD LEGAL 5/2024 185.80
Total : 1,170.80
190921 7/2/2024 006056 DASH MEDICAL GLOVES INV1311236 PD PRISONER MAINT. GLOVES -JAI 442.82 Total: 442.82
190922 7/2/2024 002805 DEPARTMENT OF JUSTICE 738391 PD FINGERPRINTAPPS FOR THE A 2,043.00 Total : 2,043.00
190923 7/2/2024 003395 DISTRICT OF SO CA, WATER REPLENISH CBWM24-010 PW 2024-2025 WATERMASTER SR1 2,852.34 Total : 2,852.34
190924 7/2/2024 001978 DISTRICTS OF LA COUNTY, COUNTY SAN 1593A-05-24 PW DUMP FEE (MAY 2024) 2,980.16 Total : 2,980.16
190925 7/2/2024 007673 ENNIS-FLINT, INC. 461153 05519 PW WHITE FAST DRY TRAFFIC PAI 6,083.04 Total : 6,083.04
190926 7/2/2024 010830 FRANCO, JOSE A. 052024 RCS ALTERNATIVE TRANSPORTATI 20.00 062024 RCS ALTERNATIVE TRANSPORTATI 23.00
Total : 43.00
190927 7/2/2024 004594 FUN EXPRESS 73130291302 RCS SUMMER DAY CAMP SUPPL 285.19 Total : 285.19
190928 7/2/2024 008537 HAGEN PLUMBING INC 102346 05800 PW POTABLE WATER LINE REPAIR 1,725.16 Total : 1,725.16
190929 7/2/2024 008072 HF & H CONSULTANTS, LLC 9721272 05535 PW QRTLY. MEETING,REVIEW OF I 2,520.00 Total : 2,520.00
Exhibit 1 158

Voucher List
07/03/2024 10:44:15AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Page: 4
Invoice PO # Description/Account Amount
190930 7/2/2024 002701 HINDERLITER DE LLAMAS & ASSOC. SIN039778 05496 FA AUDIT SRVCS: SALE ATX - 1,098.56 SIN040052 05496 FAAUDIT SRVCS.-TRANSACTION T 600.00
Total : 1,698.56
190931 7/2/2024 001025 HOME DEPOT
017104/8530874
017659/8021292
018857/7010646
019949/6076535
021504/5010729
1541743
1541744
6511234
6511235
7092664
8360117
wg64230907
PW FACILITIES SUPPL 155.46

PW FACILITIES SUPPL

PW UTILITY CREW SUPPL

PW COUNCIL SUPPL

RCS DAY CAMP SUPPL

RCS STAFF UNIFORM STORAGE

RCS NYC PRECUT TURF

RCS STAFF UNIFORM STORAGAE

RCS CFSC CLEANING SUPPL

PW SMALL TOOLS STREET CREW
Total :
252.33
281.33
733.55
175.96
269.74
182.40
131.82
109.91
696.10
108.60
713.90
3,811.10
190932 7/2/2024 009818 IBE DIGITAL 468060 PD COPIER LEASE 5/15/24-6/14/24- 487.68 Total : 487.68
190933 7/2/2024 010467 ICREATECRAFTS, CRYSTAL A. NAVAREZ 5844 RCS REFURBISH WOOD PROP ST/ 80.00 Total: 80.00
190934 7/2/2024 010538 J. GALT, INC. 1270 PW FP POND SUPPL 543.74 1274 05802 PW NUTYRIENT CONTROL PRODU 1,000.00
1280 PW FP POND SUPPL 116.48
Total : 1,660.22
190935 7/2/2024 008569 JCL TRAFFIC 124395 PW PARKS SUPPL 641.66 Total: 641.66
190936 7/2/2024 010494 JF & SONS FENCE, JOSE FERNANDEZ 999251 05764 PW NEW FENCING FOR TRANSFOI 2,500.00 Total : 2,500.00
190937 7/2/2024 010498 LACHER, DONALD CHISTOPHER BG 2024-003 05806 PD BACKGROUND INVESTIGATION 1,150.00 BG 2024-009 05806 PD BACKGROUND INVESTIGATION 1,150.00
BG 2024-016 05806 PD BACKGROUND INVESTIGATION 1,150.00
Exhibit 1 159

Voucher List
07/03/2024 10:44:15AM CITY OF BELL GARDENS
Page: 5
Bank code : common
Voucher Date Vendor Invoice PO # Description/Account Amount 190937 7/2/2024 010498 LACHER, DONALD CHISTOPHER (Continued) BG 2024-017 05806 PD BACKGROUND INVESTIGATION 1,350.00
Total : 4,800.00
190938 7/2/2024 001218 LACMTA, REGIONAL TAP SERVICE CTR. 6022696 PW TAP,S/D MNTHLY FOR THE MOI 134.40 Total: 134.40
190939 7/2/2024 006145 LAN WAN ENTERPRISE, INC. 75184 PD RE -CONNECTION OF COMPUTE 5,400.00 75274 05462 PD MAINTENANCE CONTRACT -6/1( 4,800.00
Total : 10,200.00
190940 7/2/2024 001269 LEAGUE OF CALIF. CITIES 4233 LA COUNTY DIVISON DUES FOR 1,149.75 Total : 1,149.75
190941 7/2/2024 003476 LESLIE'S POOLMART INC. 00005-02-066902 RCS POOL MAINT.SUPPL 64.89 67278 RCS POOL MAINT. SUPPL 103.40
Total: 168.29
190942 7/2/2024 008458 MARIANO'S AUTO BODY, MARIANO A. TEl 6002400 PD UNIT#312-REPAIR & PAINT RIG/ 950.00 Total : 950.00
190943 7/2/2024 010554 MEDICO HEALTHCARE LINEN SRVCS. 21037483 PD JAIL UNIFORMS & LINEN CLEA' 57.49 Total : 57.49
190944 7/2/2024 001576 NATIONWIDE ENVIRONMENTAL SRVCS 34088 05474 PW FUEL ADJUSTMENT (MAY 2024 1,515.25 Total : 1,515.25
190945 7/2/2024 010699 NEEDLEPOINT EMBROIDERY COMP. 4830 PD NEIGHBORHOOD WATCH -BLOC 714.00 Total : 714.00
190946 7/2/2024 004672 OMEGA INDUSTRIAL SUPPLY INC. 156763 PW GRAFFITI REMOVAL SUPPL (U" 549.78 157062 PW GRAFFITI REMOVAL SUPPL (U- 550.44
Total : 1,100.22
190947 7/2/2024 008044 PAL PROGRAM
190948 7/2/2024 004815 PUMP MAN
Ben601825 PAL PROGRAM: PAYMENT
803370 PW IRRG. PUMP @ FP
803379 PW IRRG. PUMP @ FP
Total:
205.00
205.00
500.00
250.00
Exhibit 1 160

Voucher List
07/03/2024 10:44:15AM CITY OF BELL GARDENS
Bank code : common
Voucher Date Vendor
190948
7/2/2024 004815 PUMP MAN
Page: 6
Invoice PO # Description/Account Amount
(Continued)
803401 PW IRRG. PUMP @ FP 380.00
Total :
1,130.00
190949 7/2/2024 001791 QUICK CRETE PRODUCTS CORP 130407 05761 PW CONCRETE CALIF. SERIES WP 4,493.11 Total : 4,493.11
190950 7/2/2024 004661 QUILL CORPORATION
2308883
38583703
38939847
38939940
38940377
38975077
38987170
38987927
39011607
39011898

PD CREDIT
PD OFFICE SUPPL- DEPT.SUPPL
PD OFFICE SUPPL- DEPT.TONER
PD OFFICE SUPPL-DEPT. TONER
PD OFFICE SUPPL-DEPT.TONER
PD OFFICE SUPPL- DEPT. TONER

PD OFFICE SUPPL- RECORDS STA

PD OFFICE SUPPL-RECORDS

PD OFFICE SUPPL- RECORDS STA

PD OFFICE SUPPL-RECORDS STAP
Total :
-124.00
124.00
248.13
380.33
319.78

81.56 35.69

18.95 134.02
229.47
1,447.93
190951 7/2/2024 011059 RAMOS, ARMANDO 0105 05848 RCS SKATE JAM LIVE PERFORMAI 1,500.00 Total : 1,500.00
190952 7/2/2024 010488 RAPID READY MIX INC. #0003C PW 3000 PSI PEA GRAVEL - 999.00 #0004C PW 3000 PSI PEA GRAVEL (CONCR 999.00
Total : 1,998.00
190953 7/2/2024 007259 ROBERT HALF 63739438 05760 FA PROF. SRVCS. V. SUMOGE 6/14 1,280.00 Total : 1,280.00
190954 7/2/2024 006187 ROY ALLAN SLURRY SEAL, INC 4591 REV 05645 PW SLURRY SEAL ZONE 4 PROGF 163,022.20 Total : 163,022.20
190955 7/2/2024 001935 S&S WORLDWIDE IN101408931 RCS MAY BGVP EVENT SUPPL 126.76 IN101409371 RCS KIDS DAY CAMP EQUIP. 529.16
Total : 655.92
190956 7/2/2024 010493 SAW, INC., ARROW TOOLS, FASTENERSE 5783276

PW SMALL TOOLS (FACILITIES/PAF
Total :
821.19
821.19
Exhibit 1 161

Voucher List
07/03/2024 10:44:15AM CITY OF BELL GARDENS
Page: 7
Bank code : common
Voucher
Date Vendor
Invoice
190957 7/2/2024 007642 SKYLINE SAFETY & SUPPLY, PATRICIA SC 8463 8477
190958 7/2/2024 002063 SMART & FINAL
190959 7/2/2024 002087 SOUTHERN CALIFORNIA EDISON
190960
7/2/2024 004624 STAPLES
190961 7/2/2024 000594 STATE DISBURSEMENT UNIT
0036
375011
892533 061424
700436447302 0619;
6003703562
6003703563
6003703564
6003703565
6003703566
6003703567
6003703568
6003703569
6003703570
6003703571
6003703572
6003703573
6003703574
6003703575
6003703576
6003703577
Ben601827
190962 7/2/2024 010710 SUNSET STUDIO CLEANERS CORP. 2381 2382
190963 7/2/2024 002169 SUPER A FOODS 8675 061424
PO #
Description/Account
PW SAFETY WEAR (PARKS/FACILI"
PW SAFETY WEAR (PARKS/FACILI"
Total :

PW PW WORKS SUPPL
RCS STAR FATHER'S DAY 6/14
RCS YTH CAMP SUPPL 06/17
Total :

PW 6208 LOVELAND ST.

Total:

RCS OFFICE SUPPL
RCS SR. PROG. EXPENSES

RCS OFFICE SUPPL
RCS COMM.FAMILY SRVC.CTR.

RCS OFFICE SUPPL

RC SOFFICE SUPPL

RCS OFFICE SUPPL

RCS OFFICE SUPPL
RCS COMM.FAMILY SRVC.CTR.

RCS OFFICE SUPPL

CM OFFICE SUPPL CREDIT

RCS OFFICE SUPPL
GARNISHMENT: PAYMENT
Total :

Total :

RCS PATRIOT BUNTING LINEN SR4
RCS CFSC LINEN SRVC.

Total:

Amount
424.26
748.78
1,173.04

73.99 236.30
449.21
759.50
102.51
102.51

8.70 742.60
131.64
301.61
417.75
689.67
186.28
250.42

21.48 116.64
155.99
182.97
527.50
-26.11
-25.17
184.07
3,866.04
915.68
915.68

40.00 242.00
282.00
RCS KIDS CAMP BGVP WEEK 1 474.49
Exhibit 1 162

Voucher List
07/03/2024 10:44:15AM CITY OF BELL GARDENS
Page: 8
Bank code : common
Voucher
190963
Date
Vendor
7/2/2024 002169 SUPER A FOODS
190964 7/2/2024 002262 TRIANGLE SPORTS, INC
190965
190966
190967
190968
190969
7/2/2024
7/2/2024
7/2/2024
7/2/2024
7/2/2024
Invoice
(Continued)
9350 061624
9810
9811 061724
9903
PO #
Description/Account
RCS DAY CAMP WEEK 1-3

RCS NYC SPICES
RCS NYC COOKING CLASS 06/26

RCS FOOD PANTRY SUPPL
Total :
42776 RCS CO-ED SOFTBALL AWARDS
42778 RCS SR.CTR. SOCCER AWARDS
Total :
009744 USA & RAFAEL CLEANERS, RAFAEL RODI 72586
006130 VERIZON WIRELESS
006130 VERIZON WIRELESS
005583 WEST COAST ARBORISTS INC.
002434 WILLIAMS SCOTSMAN INC.
71 Vouchers for bank code : common

TRANSFER
6/27/2024 BANK OF THE WEST
71 Vouchers in this report
9965777342
9966993544
215824
9021107498
9021151387
P/R

RCS COCKTAIL TABLE COVER LINE
Total :

PD WIRELESS PHONES SRVCS.

Total:

CM DATA COMM.5/20-6/19
Total :
05512 PW TREE PRUNNING SOUTH SIDE
Total :

PD CONTRACT SRVCS. 6/05/24-7/0:

PD CONTRACT SRVCS. 6/11/24-7/0!
Total :

NET PAYROLL
Amount
114.49

61.39 44.40
144.26
839.03
109.50
604.44
713.94

56.00 56.00
2,599.15
2,599.15
505.59
505.59
2,410.20
2,410.20
187.20

78.28 265.48
Bank total : 681,708.89
560,411.45
Total vouchers : 1,242,120.34
Exhibit 1
163

Voucher List
07/11/2024 10:51:15AM CITY OF BELL GARDENS
Page: 1
Bank code : common
Voucher Date Vendor Invoice PO # Description/Account Amount 190970 7/9/2024 010020 2018-2 IH BORROWER LP 6374GAGE121-2 RCS RENTAL C.MARTINEZ AUG.20; 1,027.20 Total : 1,027.20
190971 7/9/2024 010015 5819-5831 CECILIA STREET,LLC 5831 CECILIAG-2 RCS RENTAL P.PACHECO AUG.202 850.00 Total : 850.00
190972 7/9/2024 000148 AMTECH ELEVATOR SERVICES 151401613422 PD ELEVATOR MAINT.JULY 2024 235.88 Total : 235.88
190973 7/9/2024 011029 BARRERA PROPERTIES, ARTURO BARRE 6643IRA-4 RCS RENTAL T.ALVAREZ AUG.2024 916.60 Total : 916.60
190974 7/9/2024 011069 BARRERA, ARTURO 5950LOVELNAD#1-1 RCS RENTAL M.MAGANAAUG.2024 550.40 Total: 550.40
190975 7/9/2024 009266 CHARTER COMMUNICATIONS 127241301070124 VOIP SRVCS. CITY HALL 7/2024- 1,150.00 Total : 1,150.00
190976 7/9/2024 001214 COUNTY OF LA DEPARTMENT OF PW P000073450 RCS RCS WASTE INSPEC. FEE 409.00 Total: 409.00
190977 7/9/2024 010898 DB&B PROPERTIES, LLC 6526CASSANDRA-1 RCS RENTAL K.BLANCO AUG.2024 642.72 6528CASSANDRA-2 RCS RENTAL V.ARROYO AUG.2024 686.40
Total : 1,329.12
190978 7/9/2024 010040 DNR INVESTMENTS, LLC 5951LOVELAND-2 RCS RENTAL K.RAMIREZ AUG.2024 350.00 Total : 350.00
190979 7/9/2024 011070 DOLLARDAYS INTERNATIONAL INC. 2986843 RCS CFSC HOMELESS SRVCS. 967.64 Total: 967.64
190980 7/9/2024 010359 DOWNEY PARTY RENTALS Q-086893 RCS SUMMER CONCERT 2 DANCE 914.65 Total : 914.65
190981 7/9/2024 010010 ESPINOSA, HECTOR M. 6551SCOUT#A-4 RCS RENTAL J.GONZALEZ AUG.20: 640.00 Total : 640.00
Exhibit 1 164

Voucher List
07/11/2024 10:51:15AM CITY OF BELL GARDENS
Bank code : common
Voucher Date Vendor
190982 7/9/2024
190983 7/9/2024
190984 7/9/2024
190985 7/9/2024
190986 7/9/2024
190987 7/9/2024
190988 7/9/2024
190989 7/9/2024
190990 7/9/2024
190991 7/9/2024
190992 7/9/2024
190993 7/9/2024
010300 ESPINOSA, JORGE A.

Invoice PO #
6614FLORENCE-2
001481 FINANCIAL SERVICES, INC., DE LAGE LAl 587963055
009084 FRONTIER COMMUNNICATIONS
011047 GONZALEZ, ARTHUR G.
009996 GREAT HIGHWAY LLC
006796 HARBOR BREEZE CORP
010909 HARTSFIELD, MAYRA
011023 HERNANDEZ GARCIA, MARIA P.
010875 JNGSABARR PROPERTY HOLDINGS
007627 LOS ANGELES COUNTY
010089 LOST & FOUND PROPERTIES,INC
20911955140514155
56219712940224225
58141 /4GAGE-2
5814QU I N N#5-3
3305
66391/2 E LCORTEZ-:
6639ELCORTEZ-3
66411/2LCORTEZ-2
6557LIVEOAK-3
5816CLARA#A-4
FY24-25
5629GOTHAM5-3
010282 MAP PROPERTY MANAGEMENT, PATRICI, 7511 EMIL#A-1
Description/Account
RCS RENTAL B.ESCOBEDO AUG.2C
Total :

PD COPIER LEASE JULY 2024
Total :

PD UPGRADE FRAME RELAY CIRC
IT'CITY HALL/PD INTERNET JULY 2
Total :

RCS RENTAL N.PEREZ AUG.2024
Total :

RCS RENTAL B.RABIAAUG.2024
Total :

RCS SR.CTR.SEA EXCURSON TICK
Total :

RCS RENTAL J.ARAGON AUG.2024
RCS RENTAL M.MENDEZ AUG.2024
RCS RENTAL C.HOLLON AUG.2024
Total :

RCS RENTAL A.MARTINEZ AUG.202
Total :

RCS RENTAL E.MARTINEZAUG.202
Total :

LAFCO OPERATION EXP.FY24-25
Total :

RCS RENTAL M.CARRASCO AUG.21
Total :

RCS RENTAL C.PAREDES AUG.202.

Total:

Page: 2
Amount
580.00
580.00
341.34
341.34
1,113.00
1,190.00
2,303.00
420.00
420.00
766.58
766.58
245.00
245.00
656.00
700.00
520.00
1,876.00
400.00
400.00
782.60
782.60
1,658.61
1,658.61
271.46
271.46
865.20
865.20
Exhibit 1
165

Voucher List
07/11/2024 10:51:15AM CITY OF BELL GARDENS
Bank code : common
Voucher Date Vendor
190994 7/9/2024 010083 MEJIA, URIEL
190995 7/9/2024 011063 MENDEZ, ANTHONY
190996 7/9/2024 011041 MEZA, CLEMENTE
190997 7/9/2024 011014 MUNOZ, DANIEL
190998 7/9/2024 010880 NEVAREZ, LILLIAN
190999 7/9/2024 011046 OLARTE, MACIEL
191000 7/9/2024 009121 OROZCO, MARIA
191001 7/9/2024 011050 PARK VIEW TERRACE
191002 7/9/2024 010961 PATEL, NATVERBHAI
191003 7/9/2024 010022 PEREZ, JOSE R.
191004 7/9/2024 011028 PLAYAAZUL PROPERTIES,LP
191005 7/9/2024 007759 PLS, ARTURO H ADORNO,
191006 7/9/2024 011066 PONCE ESTATE CONCHITA,LLC
Page: 3
Invoice PO # Description/Account Amount
5860GOTHAM 1 /4-2
072624DEPOSIT
6032GOTHAM-3
6637GRANGER-4
6021 MULLER#18-2
5809GAGE-1
5813GAGE#1/2-2
050224 -BB
6730CLARA#302-2
6933PURDY-3
6818AJAX-4
6940GRANGER-3
019
6024LIVEOAK1 /4-1
RCS RENTAL K.ORTEGA AUG.2024
Total :

RCS SR.CTR.ENTMT DEPOSIT 7/26
Total :

RCS RENTAL L.ARTISTAAUG.2024
Total :

RCS RENTAL O.PADILLA AUG.2024
Total :

RCS RENTAL D.TORRES AUG.2024
Total :

RCS RENTAL G.UGALDE AUG.2024
RCS RENTAL A.UGALDE AUG.2024
Total:

RCS SUMMER MOVIE 2 CATERING
Total :

RCS RENTAL M.BONILLA AUG.2024
Total:

RCS RENTAL J.MALPICA AUGUST 2
Total:

RCS RENTAL S.VILLEDA AUG.2024
Total :

RCS RENTAL R.GONZALEZ AUG.20
Total:

RCS SUMMER CONCERT 2 SOUND
Total :
633.60
633.60
499.50
499.50
960.00
960.00
840.00
840.00
560.00
560.00
400.00
560.00
960.00
300.00
300.00
315.20
315.20
880.00
880.00
705.60
705.60
670.00
670.00
900.00
900.00
RCS RENTAL J.GONZALEZ AUG.20: 668.80
Exhibit 1 166

Voucher List
07/11/2024 10:51:15AM CITY OF BELL GARDENS
Page: 4
Bank code : common
Voucher Date Vendor Invoice PO # Description/Account Amount 191006 (Continued) Total: 668.80
7/9/2024 011066 011066 PONCE ESTATE CONCHITA,I Gontinued 191007 7/9/2024 006730 QUIROZ, VANESSA 7012024 CCL MILEAGE REIMB.V.QUIROZ MP 131.58 Total : 131.58
191008 7/9/2024 011067 RODARTE, FRANK 1003 RCS LASER SHOW MUSIC MIX 500.00 Total: 500.00
191009 7/9/2024 001996 SCAG FY25 0021 MEMEBERSHIP DUES FY24-25 5,544.00 Total : 5,544.00
191010 7/9/2024 010263 SILENT INVESTMENT, LLC 5532GOTHAM#1/2-2 RCS RENTAL C.YORK AUG.2024 1,192.00 Total : 1,192.00
191011 7/9/2024 011068 TALEWISE, LLC 19197 RCS KIDS CAMP SRVCS. SCIENCE 400.00 Total: 400.00
191012 7/9/2024 011032 VALDEZ, ROSEMARY 6830ELSELINDA-3 RCS RENTAL D.VARGAS AUG.2024 456.60 Total : 456.60
191013 7/9/2024 010072 VICTORIA, MIGUEL 8343EASTERN-2 RCS RENTAL M.GALINDO AUG.202, 760.00 Total : 760.00
44 Vouchers for bank code : common Bank total : 37,727.16 44 Vouchers in this report Total vouchers : 37,727.16
Exhibit 1 167

Voucher List
07/11/2024 12:44:26PM CITY OF BELL GARDENS
Page: 1
Bank code : common
Voucher
Date Vendor
1953 -WIRE
7/8/2024 010983 BERNARDS BROS INC.
191014 7/9/2024 007599 4IMPRINT, INC
191015
191016
191017
191018
7/9/2024
7/9/2024
7/9/2024
000060 ADAMSON POLICE PRODUCTS
010315 ADVEXURE LLC
010834 AF CREATIVE DESIGNS
7/9/2024 010270 ALL STAR ELITE SPORTS
Invoice
23467 (3)
12635295
12650117
INV416595
SP -318475
226
228
229
230
4295
191019 7/9/2024 010833 AMAZON CAPITAL SERVICES, INC. 111D-F777-HXLK 14GW-WC9W-C4GN
14P6-71 LF-FH3J
14XR-LY41-F6J F
163X-FQRL-6MP9
16N6-YQF6-GHRD
16NM-PQMR-3HCY
19FX-7FTY-973D
1 CMM-PPYN-HJPP
1 G6X-99XQ-HK6P
1 HGD-KLTL-1 RJ6
1 MF7-6WYP-HJGT
1 NHQ-HPGM-FNKP
1 N HQ-HPGM-H63Y
1 P9D-3WGW-KCHX
PO #
Description/Account
05709 PW - JOHN ANSON FORD PARK RE
Total :

RCS STAFF TRNG. LANYARDS 6/12

RCS ARPA PROMOTIONAL BOTTLE
Total :
05855 CD BUILDING & SAFETY VEHICLE
Total :

PD PURCHASE OF DJI AVATA 2 DR(
Total :

PD NEIGHBORHOOD WATCH -LOG(

PD NEIGHBORHOOD WATCH-BROI

PD NEIGHBORHOOD- CANOPY DEI

PD NEIGHBORHOOD WATCH- CAN
Total :

RCS STAFF SHIRTS 2024
Total :

RCS SR. CTR, PICNINCADVENTUR

RCS ASP BGVP MOVIE NIGHT

RCS OFFICE SUPPL

RCS BGVP ASP TEA PARTY

RCS OFFICE SUPPL

RCS BGVP ASP BUBBLE FUN

RCS BGVP ASP RED & WHITE BOO
RCS SR. CTR.ART CLASS 6/18

RCS INDEPENDENCE DAY ACTIVIT
RCS SR. CTR, ART CLASS

RCS CFSC SUPPL

RCS AQAUTICS CLEANING SUPPL

RCS MEN'S BASEBALL AWARDS
RCS STAR SOFTBALL DAY 7/19

RCS CFSC SUPPL
Amount
634,188.73
634,188.73
531.43
697.13
1,228.56
2,639.79
2,639.79
539.12
539.12
588.13
985.06
928.63
928.63
3,430.45
939.77
939.77
211.93

42.96 362.48
140.70

63.82 65.66
250.03
459.85
174.88
479.61

46.68 221.33
165.24

41.86 414.67
Exhibit 1
168

Voucher List
07/11/2024 12:44:26PM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Page: 2
Invoice PO # Description/Account Amount
191019 7/9/2024 010833 AMAZON CAPITAL SERVICES, INC. (Continued) 1QLQ-FJXV-63JH RCS WRESTLING PROG.SUPPL 252.17
1TTV-VMN1-CDVP RCS INDEPENDENCE CRAFTS 7/3 64.86
1V3Y-YCY9-LPFD RCS INDEPENDENCE DAY DECO 790.53
1VMD-M3HH-YXM4 RCS SUMMER OFFICE DECO 80.10
1VY1-C1XY-GJQ9 RCS INDEPENDENCE DAY SUPPL 255.32
1WG4-HTXY-6QG6 RCS ASP FORD BUBBLE FUN 68.27
1X3T-M4C7-3GRC RCS SR. CTR WORLD DELICACY C 269.71
1Y34-4FPC-HKN6 RCS CFSC OFFICE SUPPL 48.76
1YVV-W6XT-KHN7 RCS STAR COUNTRY DAY 6/4 157.12
4GW-WC9W-MN16 RCS DEPT. EQUIP 490.01
Total : 5,618.55
191020 7/9/2024 010953 AMERICAN GLOBAL SECURITY,INC 22313 05820 RCS FP LIGHTING OVERNIGHT SEA 3,778.92 22468 05648 RCS SPRTS. CTR. SECURITY JUNE 6,882.45
Total : 10,661.37
191021 7/9/2024 000148 AMTECH ELEVATOR SERVICES 151401613904 PW MAINT. SRVC. FROM 07/01/24- 228.33 Total: 228.33
191022 7/9/2024 000150 ANAYA'S SERVICE CENTER 40153 PW SRVC/REPAIR VEHICLE #G-2 309.72 40154 PW SRVC/REPAIR VEHICLE #L-177 710.00
Total: 1,019.72
191023 7/9/2024 009752 ARTE PRINTING, SAEED RADMEHR 31059 PD BUSINESS CARDS- H.PANIAGU, 176.40 Total : 176.40
191024 7/9/2024 008041 AVANT GARDE INC. 10367 04697 PW ATP CYCLE 5 COMPLETE STRE 960.00 10368 05223 PW CLEAN CA GRANT ADMIN BG K 142.50
Total : 1,102.50
191025 7/9/2024 006666 BEITH, TORBEN
191026 7/9/2024 002250 BELTRAN, MARTHA T.
191027 7/9/2024 011061 BENNETT-BOWEN & LIGHTHOUSE
20240626 05460 PD ADMIN. SUPPORT & REVIEW (T 2,708.75
Total : 2,708.75
VIDAMARTHA06 RCS VIDASANAJUNE CLASS 160.00
Total: 160.00
3030977 05822 PW TRIPOD KIT 3,823.53
Exhibit 1 169

Voucher List
07/11/2024 12:44:26PM CITY OF BELL GARDENS
Bank code : common
Voucher Date Vendor
191027 7/9/2024
191028 7/9/2024 010108 BLESSED AUTO INC.
191029 7/9/2024
191030 7/9/2024
191031 7/9/2024
191032 7/9/2024
191033 7/9/2024
191034 7/9/2024 004588 DAILY JOURNAL CORPORATION
191035 7/9/2024 010278 DE LA ROSA, MIGUEL
191036 7/9/2024 008668 DIAMOND CLEANING SERVICES, DORA G BG-2420 BG-2421
BG-2422
BG-2423
CHBG-2405
Invoice
011061 011061 BENNETT-BOWEN & LIGHTF (Continued)
010112 BOADO, OSCAR L.
009115 CARDINAL PAINT AND POWDER
001447 CHARTER COMMUNICATIONS
007750 CORELOGIC SOLUTIONS,LLC
229842
229843
229887
JUNE
1240045682
0712882062824
82214114
009081 COUNTY OF LA, SUPERIOR COURT OF C1 APRIL 2024
JUNE 2024
MAY 2024
B3823077
JUNE
191037 7/9/2024 010331 DIMEX PROFESSIONAL, ISRAEL HERNAN 1324 PO #
Description/Account
Total :

RCS POLARIS O.E.M. REAR ROTOF

RCS POLARIS DIAGNOSTIC/REPAIF
RCS POLARIS O.E.M. FRONT ROTC
Total :

CD REGULAR MTG: 06/19/24
Total :

PW AEROSOL TOUCH-UP LACQUE
Total :

IT VETERANS PARK WI -Fl 06/28/24 -
Total :

CD TITLE REPORTS: 6/24
Total :

FA BAIL SURCHARGES 4/2024
FA BAIL SURCHARGES 6/2024
FA BAIL SURCHARGES 5/2024
Total :

CD PUBLICATIONS 06/24
CD REGULAR MTG:06/19/24
Total :

Total :

PD OFFICE DETAIL CLEANING

PD OFFICE DETAIL CLEANING
FA CLEANING SRVCS. JUNE 2024
Total :

RCS JAF JANITORIAL SRVCS. 6/1-6
1325 RCS SPRT. CTR.SRVCS. 6/1-6/30
Page: 3
Amount
3,823.53
922.07
945.42
824.07
2,691.56
100.00
100.00
540.24
540.24
1,099.00
1,099.00
330.00
330.00
8,178.00
7,256.00
7,998.50
23,432.50
220.00
220.00
100.00
100.00
225.00
225.00
225.00
475.00

90.00 1,240.00
166.00
300.00
Exhibit 1 170

Voucher List
07/11/2024 12:44:26PM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Page: 4
Invoice PO # Description/Account Amount
191037 7/9/2024 010331 DIMEX PROFESSIONAL, ISRAEL HERNAN (Continued) 1326
1327
1328
1329
191038 7/9/2024 010358 DOWNEY PARTY RENTALS
191039 7/9/2024 000713 DOWNEY VENDORS
191040 7/9/2024 009772 EQUIPMENT PRO, LLC.

RCS SR. CTR. JAN SRVCS. 6/1-6/3C
RCS GC JANITORIAL SRVCS. 6/01-I
RCS CFSC JAN.SRVCS. 6/1-6/30
RCS NYC JANITORIAL SRVCS. 6/1-I
Total :

Q-08692 RCS SUMMER CONCERT 1 STAGE
Total :
136.00
136.00
288.00
136.00
1,162.00
914.65
914.65
112688 CD COFFEE SUPPL- 89.95
Total : 89.95
46945 PW SRVCS. STUMP GRINDER AIR I 200.22
46946 PW SRVC. GENERATOR/STREET C 116.61
46947 PW SRVC. ROLLER/STREET CREIA 297.30
46959 PW SRVC. GENERATOR/STREET C 56.65
Total : 670.78
191041 7/9/2024 000815 FEDEX 853712088
8-544-63563
191042 7/9/2024 006424 FERNANDO'S HARDWARE & LUMBER 92212 191043 7/9/2024 010830 FRANCO, JOSE A. JAF18
JAF6
191044 7/9/2024 011065 FREEDOM FOREVER LLC 039023
039024
191045
7/9/2024 006112 GALLS LLC
028129787
028142690
028166524
028222340
028222355

PD POSTAGE DELIVERY

FA DELIVERY EXPENSES
Total :

PW SMALL TOOLS (STREET CREW
Total :

RCS BASEBALL/SOFTBALL UMPIRE

RCS BASEBALL/SOFTBALL UMPIRE
Total :

CD SOLAR PERMIT REFUND -

CD ELECTRIC PERMIT REFUND -
Total :

57.77 43.57
101.34
334.98
334.98
400.00
500.00
900.00
394.40

52.30 446.70
PD UNIFORM FOR JAILER-A.VELA: 147.91
PD UNIFORM FOR JAILER R.BRITO
PD UNIFORM FOR JAILER P.CORO
PD UNIFORM FOR DISPATCHER Y.I

PD UNIFORM FOR POLICE TRAINE

63.88 127.76

58.89 93.57
Exhibit 1 171

Voucher List
07/11/2024 12:44:26PM CITY OF BELL GARDENS
Bank code : common
Voucher
191045
Date Vendor
7/9/2024 006112 GALLS LLC
Invoice
(Continued)
028235971
028253815
028253865
028265500
028265503
191046 7/9/2024 010984 GARCIA, MARIA DEL ROSARIO V.SROSARIO06 191047 7/9/2024 011054 GERSHON A PROFESSIONAL CORP., RICI 248339 191048 7/9/2024 009809 GLOBAL URBAN STRATEGIES INC. 656 191049 7/9/2024 002092 GOLDEN STATE WATER COMPANY 06542100000 062124 14489565193 062124
40584200006 062124
47710200008 061721
50552100005 062424
56810300006 062424
56943418386 062124
57710200007 061724
58731400006 061724
65551868949 062124
76132100009 062724
80824200002 062424
84655100000 061724
191050
191051
191052
Exhibit 1
7/9/2024
7/9/2024
7/9/2024
000917 GOLDEN WEST PIPE & SUPPLY
007005 GOMEZ, DAVID
009785 GREENTECH LANDSCAPE INC.
172
613484
DG18
59524
PO #
Description/Account

PD UNIFORM FOR POLICE TRAINE

PD UNIFORM FOR POLICE TRAINE
PD UNIFORM FOR JAILER M.MALDI
PD UNIFORM FOR OFFICER B.VAR
Total :

RCS VIDA SANA JUNE CLASS
Total :

RSTEPO LEGAL ADVISORY SRVCS
Total :

GRANT WRITING SRVCS. FOR JUN
Total :

PW 6640 MARLOW
PW 8114 PARK LN (SOCCER FIELD
PW 8323 GARFIELD AVE
PW 6546 EASTERN
PW 5978 GALLANT ST (IRR)
PW 8341 EASTERN IRR
PW 6626 MARLOW
PW 6547 EASTERN
PW 7901 EASTERN MEDIAN IRR
PW 7800 SCOUT IRR
PW 5856 LUDELL ST (2 OF 2)
PW 8321 JABOENRIA RD
PW 5919 CLARA ST. IRR
Total :

PW FACILITIES REPAIR SUPPL
Total :

RCS BASEBALL/SOFTBALL UMPIRE
Total :

Page: 5
Amount

65.10 118.89

93.57 63.88
498.32
1,331.77
100.00
100.00
1,292.95
1,292.95
417.50
417.50
632.73
200.11
103.81

93.00 626.33
198.57

53.32 78.43
198.57
3,088.03

67.02 2,901.54
246.57
8,488.03
364.46
364.46
350.00
350.00
05824 PW EXTRA WORK ON CTR. MEDIAI 3,375.00

Voucher List
07/11/2024 12:44:26PM CITY OF BELL GARDENS
Page: 6
Bank code : common
Voucher Date Vendor Invoice PO # Description/Account Amount 191052 7/9/2024 009785 009785 GREENTECH LANDSCAPE II (Continued) Total : 3,375.00 191053 7/9/2024 010366 GRIMCO, INC. 32645376-01 05781 RCS WIDE FORMAT PRINTER SUPI 1,879.29 Total : 1,879.29
191054 7/9/2024 010679 GRUBER AND LOPEZ, INC 4700 05859 FAAUDITED FINANCIAL STATEMEN 7,333.00 Total : 7,333.00
191055 7/9/2024 001025 HOME DEPOT 020740/5100155 PW SMALL TOOLS/FACILITIES CRE 446.53 1532021 RCS CLARA SR.CTR. STORAGE SU 536.32
1532022 RCS CLARA SR.CTR. STORAGE SU 165.92
4544939 RCS NYC STORAGE SHELVES 547.79
Total : 1,696.56
191056 7/9/2024 006200 ICE MACHINE SALES & SERVICE CO 0220885 -IN 05801 RCS GOLF COURSE ICE MACHINE 3,693.38 0220886 -IN RCS DELIVERY,INSTALLATION & RI 661.50
Total : 4,354.88
191057 7/9/2024 005177 INFRASTRUCTURE ENGINEERS 436590 CD B & S PLAN CHECK 05/24 580.00 436696 05616 PW WELL#1 (EXCHANGE PFAS TR 40,672.40
436700 05299 PW ATP CYCLE 5 COMPLETE STRE 30,149.50
436701 05615 PW CITYWIDE COMPLETE STREET 25,860.00
436702 05609 PW PMS UPDATE (MAY 2024) 4,625.00
436723 05750 PW CITYWIDE BIKE LANE SHARRC 1,297.50
436724 PW NPDES STORMWATER COMPL 4,087.00
436772 CD PL & DEV'T ENG FEES 05/24 304.00
436774 05614 PW VETERANS PARK CITY YARD C 5,668.00
436776 05607 PW SLURRY SEAL IMPROV ZONE 4 5,600.81
Total : 118,844.21
191058 7/9/2024 009579 J THAYER COMPANY LLC
191059
191060
7/9/2024 010538 J. GALT, INC.
7/9/2024 008730 JHM SUPPLY
1693881-0
1694325-0
1284
96586/3

PW OFFICE SUPPL

PW FP POND SUPPL

17.77 99.82
Total : 117.59
573.74
Total: 573.74
PW IRRIG. SUPPL (CTR. MEDIANS) 958.77
Exhibit 1 173

191062
191063
191064
Voucher List
07/11/2024 12:44:26PM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
191060
7/9/2024 008730 008730 JHM SUPPLY
Invoice
(Continued)
191061 7/9/2024 007429 J -SUN CUSTOM T-SHIRTS, JASON V. BEL' 62624-1 62724-1
044RC11099515
BG 2024-020
7/9/2024
7/9/2024
7/9/2024
001192 KNOTTS BERRY FARM
010498 LACHER, DONALD CHISTOPHER
006145 LAN WAN ENTERPRISE, INC.
191065 7/9/2024 009241 LEON, ANDREW
191066 7/9/2024 003476 LESLIE'S POOLMART INC.

Description/Account
Total:

PD TABLECLOTHS NEIGHBORHOO

PD NEIGHBORHOOD WATCH TOTE
Total :
05794 RCS SUMMER CAMP EXCURSION
Total :
05806 PD BACKGROUND INVESTIGATION
Total:
75091 RCS WIRELESS HEADSET EQUIP
75154 IT MNTHLY RECURRING ADD-ONS
75226 05480 IT MAINT/NETWORK SRVCS MAY
75253 IT MNTHLY RECURRING ADD-ONS ,
75267 IT ON SITE SRVCS. COUNCIL MTN(
75269 05842 IT GEN 11 BACK UP
75270 05829 IT FILE SERVER EXPANSION
75282 05834 IT CONFIGURE THE SSD RAID -LAB
75283 05861 IT FILES SERVER MIGRATE - LABC
75284 05839 IT MAIL SERVER MIGRATE - LABOI
75285 IT HPE EXTENDED WARRANTY FOI
75286 05845 IT PRINT SERVER LABOR
75287 05827 IT NOVUS SERVER - LABOR
75288 05826 IT QUICKBOOKS - LABOR
75289 05833 IT LASERFICHE - LABOR
75290 05860 IT DC SERVER - LABOR
75291 05828 IT AV DEFENDER - LABOR
75293 05846 IT NETWRIX SERVER - LABOR
75294 05825 IT MYSQL - LABOR
75315 05480 IT MAINT/NETWRRK SRVCS JUNE
Total :

JUNE CD REGULAR PC MTG: 06/19/24
Total :
00005-01-075755

RCS AQUATICS SUPPL
Page: 7
Amount
958.77
429.97
627.32
1,057.29
1,680.00
1,680.00
400.00
400.00
694.18
7,283.17
10,800.00
7,111.17
480.00
9,815.97
3,004.86
4,800.00
7,200.00
7,200.00
5,577.59
2,640.00
2,400.00
1,800.00
5,400.00
4,800.00
2,640.00
2,880.00
1,680.00
9,600.00
97,806.94
100.00
100.00
134.88
Exhibit 1
174

Voucher List
07/11/2024 12:44:26PM CITY OF BELL GARDENS
Page: 8
Bank code : common
Voucher Date Vendor Invoice PO # Description/Account Amount 191066 7/9/2024 003476 003476 LESLIE'S POOLMART INC. (Continued) Total : 134.88 191067 7/9/2024 008684 LGP EQUIPMENT RENTALS INC 131160 PW BOBCAT RENTAL FOR REAR 8Z 750.00 Total : 750.00
191068 7/9/2024 001695 LIBERTY UTILITIES CORP 200006892000 0617; PW 6218 EASTERN AVE 459.99 200006892018 0617; PW IRRG. EASTERN/WATCHER AVI 440.54
200006892026 0617: PW 6423 FLORENCE PL 387.53
200006892034 0617; PW 6820 FOSTER BRIDGE BLVD 340.85
200006892042 0617; PW IRRG. GAGE/GARFIELD AVE 59.09
200006892059 0619; PW IRRG. GAGE/PERRY 55.20
200006892067 0617: PW 6400 GAGE AVE 352.52
2000068920830617; PW 7100 GARFIELD AVE 1,300.23
200006892091 0619; PW 7100 GARFIELD AVE 52.40
200006892109 0617: PW 6902 HANNIN ST 577.55
200006892117 0618; PW 6662 LOVELAND ST 4,749.02
200006892125 0618 PW 6662 LOVELAND ST. 2,042.99
200006892133 0617: PW 6662 LOVELAND ST 1,216.90
200006892141 0617; PW IRRG SCOT & SUVA 440.54
Total : 12,475.35
191069 7/9/2024 001318 LOOMIS 13508389 FAARMORED SRVCS, JULY 2024 269.81 Total : 269.81
191070 7/9/2024 008985 LOPEZ, ROBERT 6/25/2024 PD TRNG.R.LOPEZ COURSE: LELD 82.94 Total: 82.94
191071 7/9/2024 010982 LUNA, EDUARDO 4745 RCS EMPLOYEE GRAD CENTERPIE 55.00 Total : 55.00
191072 7/9/2024 010554 MEDICO HEALTHCARE LINEN SRVCS. 21045516 PD JAIL & LINEN CLEANING 56.64 Total : 56.64
191073 7/9/2024 010670 MENDEZ, GUSTAVO JUNE CD REGULAR MTG: 06/19/24 100.00 Total : 100.00
191074 7/9/2024 010981 MENDOZA'S LAWNMOWER SHOP, M. MEI 4873 PW WEED WACKER HEAD -PARKS/ 77.20 Total : 77.20
Exhibit 1 175

Voucher List
07/11/2024 12:44:26PM CITY OF BELL GARDENS
Page: 9
Bank code : common
Voucher
Date Vendor
Invoice PO # Description/Account Amount
191075 7/9/2024 010412 NATIONAL AUTO FLEET GROUP 13284462 05665 PD PURCHASE OF DODGE DURAN 47,816.13 Total : 47,816.13
191076 7/9/2024 010699 NEEDLEPOINT EMBROIDERY COMP. 4808 RCS EMPLOYEE GRAD SASHES 120.00 Total : 120.00
191077 7/9/2024 010561 NWESTCO,LLC INV499466 PW DO INSPECT. (JUNE 2024) 120.00 Total : 120.00
191078 7/9/2024 011060 OFFICE RELIEF, INC. INV29044422 OFFICE EQUIP 2,754.02 Total : 2,754.02
191079 7/9/2024 009641 ORGANIZATION LLP, OLIVAREZ, MADRUC 25112 CC LEGAL -GENERAL 5/2024 13,128.55 25113 HR LEGAL -GENERAL 5/2024 2,303.00
25115 CCL LEGAL -GENERAL 5/2024 10,247.27
25116 CM LEGAL -GENERAL 5/2024 9,336.98
25117 CD LEGAL -GENERAL 5/2024 8,977.00
25118 FA LEGAL -GENERAL 5/2024 817.50
25119 CD LEGAL -GENERAL 5/2024 6,938.47
25120 PD LEGAL -GENERAL 5/2024 3,027.50
25121 PW LEGAL- GENERAL 5/2024 11,219.30
25122 RCS LEGAL -GENERAL MAY 2024 1,722.50
25123 CD LEGAL -GENERAL 5/2024 5,073.03
25124 CD OTHER LICENSES & PERMITS I' 132.50
25125 CD OTHER LICENSES & PERMITS I 503.50
25126 PD LEGAL -GENERAL 5/2024 7,260.00
25127 PW LEGAL -GENERAL 5/2024 6,180.00
25128 CD OTHER LICENSES & PERMITS I 185.50
25129 CD OTHER LICENSES & PERMITS I 5,908.00
25130 CD OTHER LICENSES & PERMITS I 5,340.00
Total : 98,300.60
191080 7/9/2024 009121 OROZCO, MARIA 050224 -AA RCS SUMMER MOVIE 1 CATERING 300.00 Total : 300.00
191081 7/9/2024 000453 PARK WATER, LIBERTY PARK UTILITIES 1800000026 05475 PW O&M MNTHLY MAY 2024 36,268.93 Total : 36,268.93
Exhibit 1 176

Voucher List
07/11/2024 12:44:26PM CITY OF BELL GARDENS
Page: 10
Bank code : common
Voucher
Date Vendor
191082 7/9/2024 007292 PARKING CO. OF AMERICA, PCAM,LLC Invoice
PO #
Description/Account
13934 PW 45 DAY INSPECT JAN 2024
14062 PW 45 DAY INSPECT. MARCH 2024
14063 PW 45 DAY INSPECT. APRIL 2024
Total :
191083 7/9/2024 008625 PEREZ, ESTEBAN 518753
191084 7/9/2024 000494 PETTY CASH, CITY OF BELL GARDENS APRIL -JUNE PETTY( 191085 7/9/2024 010812 PLUMBING HEATING & NC, NORWALK LA 335126VICTOR 191086 7/9/2024 008999 PREFERRED IMPRESSIONS INC
191087 7/9/2024 009834 PRINT AGENT
191088 7/9/2024 006189 PROFORCE LAW ENFORCEMENT
191089 7/9/2024 0O5907 PUBLIC WORKS, LOS ANGELES COUNTY PW24031105231 191090 7/9/2024 004661 QUILL CORPORATION
191091
191092
191093
7/9/2024
7/9/2024
7/9/2024
009629 RAMIREZ, ERNESTO
010488 RAPID READY MIX INC.
000186 READYREFRESH BY NESTLE
39077412
39095016
JUNE
#0002B
14F0032331100
14F0033108044

PD GANG TASK FORCE SUPPL REI
Total :

PD SUPPLIES VARIOUS
Total :

PW REPAIR/SRVC. NC @ BGVP
Total :
27284 05865 CD NEW BUILDING & SAFETY VEH
Total :
4862 RCS EMPLOYEE GRAD. PROG.

Total :

Amount
763.15
143.75
143.75
1,050.65
252.46
252.46
502.67
502.67
400.00
400.00
1,455.00
1,455.00
179.35
179.35
551965 05639 PD PURCHASE OF POLICE EQUIPE 45,472.06
Total : 45,472.06

PW INDUSTRIAL WASTE PERMITS
Total :

PD OFFICE SUPPL- DEPT. USBS
PD OFFICE SUPPL- DEPT.SUPPL
Total :

CD PC MTG: 06/19/24
Total :

PW 3000 PSI PEA GRAVEL (CONCR
Total :

PW WATER FILTERING SRVC. @ P�
PD WATER SRVCS. 05/11/24-06/10/:
5,082.73
5,082.73

39.99 327.16
367.15
100.00
100.00
999.00
999.00
126.61

66.93 Exhibit 1 177

Voucher List
07/11/2024 12:44:26PM CITY OF BELL GARDENS
Page: 11
Bank code : common
Voucher Date Vendor
Invoice PO # Description/Account Amount
191093 7/9/2024 000186 READYREFRESH BY NESTLE (Continued) 14F0033108135 PD WATER SRVCS. 05/11/24-06/10/: 126.93
Total : 320.47
191094 7/9/2024 006494 REEVES CO. INC. 495709 PD NAMEPIN RAISED FLAG EMBLE 23.68 Total: 23.68
191095 7/9/2024 006737 REYES, EVANGELINA 35827C PD SUPPL FOR PEER SUPPORT & 99.61 937942 PD SUPPL FOR PEER SUPPORT & 448.44
Total: 548.05
191096 7/9/2024 010288 RJM DESIGN GROUP, INC. 36477 05499 RCS FP AQUATIC PROJ: MAY 14,243.40 Total : 14,243.40
191097 7/9/2024 007259 ROBERT HALF 63771812 05760 FA PROFESSIONAL SERVICES VAL 653.00 63771812 062724 05866 FA PROF. SRVCS.V-SUMOGE 6/21 307.00 63789922 05866 FA PROF. SRVCS. V-SUMOGE 6/28 1,280.00
Total : 2,240.00
191098 7/9/2024 008637 ROBERTSON'S READY MIX LTD 470336 PW CONCRETE @ 6821 EASTERN. 1,035.63 Total : 1,035.63
191099 7/9/2024 008080 RONS MAINTENANCE 1075 05477 PW STORM DRAIN CLEANING 8,600.00 Total : 8,600.00
191100 7/9/2024 001921 ROSEBURROUGH TOOL COMPANY 780647 PW SUPPL FOR CTR. MEDIANS 963.65 Total: 963.65
191101 7/9/2024 001935 S&S WORLDWIDE IN101413661 RCS ASP BGVP STORAGES 122.64 IN101415172 RCS KIDS CAMP SUPPL 60.63
Total : 183.27
191102 7/9/2024 010445 SANDOVAL, CHRISTOPHER 9929837 PD REIMB. FOR K9 "NACHO" FOOD 75.23 Total : 75.23
191103 7/9/2024 007642 SKYLINE SAFETY & SUPPLY, PATRICIA SC 8499 PW PARKS SUPPL 893.59 8509 PW SAFETY WEAR (PARKS/FACILI" 522.00
Total : 1,415.59
Exhibit 1 178

Voucher List
07/11/2024 12:44:26PM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
191104 7/9/2024 002063 SMART & FINAL
191105 7/9/2024 002088 SOCALGAS
191106 7/9/2024 002087 SOUTHERN CALIFORNIA EDISON
191107 7/9/2024 011048 SOUTHERN TIRE MART, LLC
191108 7/9/2024 010271 STAR CAR WASH & DETAIL
191109 7/9/2024 007554 STEAMX,LLC, MIKE J. MANCE
191110 7/9/2024 002169 SUPER A FOODS
191111 7/9/2024 010873 THE DOT PRINTER, INC.
191112 7/9/2024 010806 THE LIFEGUARD STORE
Invoice
PO #
Description/Account
098877 RCS SR. CTR. PICNIC EXCURSION
230600 RCS YTH CAMP SUPPL
359522 RCS SR. CTR.LUNCH PROG.6/19
504400 RCS SR.CTR. SUMMER KICK OFF E
748966 RCS COIMMUNITY BLOCK PARTY
968888 RCS CFSC OFFICE SUPPL
975766 RCS CLARA SR.CTR. WORLD D.CU
983866 RCS STAR SOFTBALL DAY
Total :
11300697007 062424
12560694098 062421
700332863224 0624;
700815907359 0619,
7100022793
052024
69113
0028
0222 062124
7353
7814 062624
348448
INV001429630
INV001430615
PW 8110 PARK LN
PW 8000 PARK LN
Total :

PW 7100 GARFIELD AVE TPP2
PW 8000 PARK LN UNITA& UNIT B
Total :

PW FRONT TIRES FOR T-172
Total:

RCS DEPT. VEHICLE MAINT.

Total:

PW SRVC. 50 GAL PESTICIDE SPR,
Total:

RCS MOVIE NIGHT SUPPL

RCS KIDS CAMP FIRST SESSION

RCS ASP BGVP SUMMER SUPPL

RCS CFSC FOOD PANTRY SUPPL
Total :

RCS CAL FRESH SPANISH FLYERS
Total :

Page: 12
Amount
207.62
475.76
175.02
202.02
291.85

49.01 83.59

53.50 1,538.37

78.33 14.79

93.12 177.52
8,731.16
8,908.68
756.86
756.86

30.00 30.00
326.89
326.89

88.12 77.79

72.15 48.51
286.57
181.48
181.48
RCS AQUATICS INSTRUCTOR UNIF 130.10
RCS AQUATICS INSTRUCTOR UNIF 842.31
Exhibit 1 179

Voucher List
07/11/2024 12:44:26PM CITY OF BELL GARDENS
Page: 13
Bank code : common
Voucher Date Vendor
Invoice PO # Description/Account Amount
191112 7/9/2024 010806 010806 THE LIFEGUARD STORE (Continued) Total: 972.41
191113 7/9/2024 002262 TRIANGLE SPORTS, INC 42685 05804 RCS SMALL FRY SOCCER AWARD: 1,045.62 42779 RCS YTH BASEBALL AWARDS 937.70
42782 RCS YTH SOFTBALL AWARDS 769.13
Total : 2,752.45
191114 7/9/2024 011062 TRICERADROPS, JULIAN NORIEGA 1 RCS SKATE JAM PERFORMENCE 300.00 Total: 300.00
191115 7/9/2024 003821 US ARMOR CORPORATION 46391 PD SAFETY VEST -OFFICER J.PENI 925.99 46396 PD SAFETY VEST OFFICER S.MARI 925.99
Total : 1,851.98
191116 7/9/2024 009744 USA & RAFAEL CLEANERS, RAFAEL RODI 53574 RCS AWARDS NIGHT DRY CLEANII' Total :
191117 7/9/2024 006130 VERIZON WIRELESS 9966993546 RCS CELL SRVCS. 5/20-6/19 Total :
191118 7/9/2024 010641 VESTIS SERVICES, LLC 2570282585 RCS AQUATICS SRVCS. 2570284185 RCS AQUATICS SRVCS.
191119 7/9/2024 010481 VICENCIO, EDGAR
Total :

80.00 80.00
201.50
201.50

90.62 90.62
181.24
0061 RCS BG HIP HOP JUNE CLASS 840.00
Total: 840.00
191120 7/9/2024 010402 VIP GRAPHICS, ANTONIO ANGUIANO 0415 RCS CAL FRESH POSTERS 199.93 0625 RCS CAL FRESH BANNER & POSTE 242.45
Total: 442.38
191121 7/9/2024 005583 WEST COASTARBORISTS INC. 215937 05512 PW TREE PRUNNING FP CONSULT 494.40 216013 05849 PW TREE PLANTING ASMUS PARK 2,913.00
Total : 3,407.40
109 Vouchers for bank code : common Bank total : 1,263,704.12 109 Vouchers in this report Total vouchers : 1,263,704.12 Exhibit 1 180

Voucher List
07/18/2024 10:20:35AM CITY OF BELL GARDENS
Page: 1
Bank code : common
Voucher
Date Vendor
Invoice PO # Description/Account Amount
191122 7/16/2024 010275 ALADDIN LOCK & KEY, BENITO ROBERTC 34195 191123 7/16/2024 000098 ALIN PARTY SUPPLY
614807
614808
614809
614822
614824

PW KEYS FOR BGVP
Total :

RCS INDEPENDENCE BALLONS

RCS INDEPENDENCE DECO

RCS CFSC GENERAL DECOR SUPF

RCS INDEPENDENCE BALLONS

RCS CFSC WORKSHOP/TABLING S
Total :
587.08
587.08
240.55
161.14
115.33

28.64 279.05
824.71
191124 7/16/2024 000106 ALL CITY MANAGEMENT SERVICES 94477 05701 PW SCHOOL CROSSING GUARD S 5,910.77 Total : 5,910.77
191125 7/16/2024 010833 AMAZON CAPITAL SERVICES, INC. 1YW-W6XT-PTQD RCS MOVIES UNDER THE STARS 33.90 Total : 33.90
191126 7/16/2024 000302 BLUE DIAMOND MATERIALS 3576358 05823 PW CONCRETE/ASPHALT @ 7950 : 2,356.39 Total : 2,356.39
191128 7/16/2024 010954 BMO BANK N.A. 0109 062824 CC CONF., MTGS, TRAVEL 1,595.07 0206 062824 05873 RCS PHOTO SUPPL 1,733.79
0714 062824 CC GENERAL PROMOTION 213.53
0716 062824 CC CONF., MTGS.TRAVEL 1,420.27
0754 062824 05798 CD OFFICE SUPPL 7,254.11
0946 062824 RCS NYC EXPENSES 4,604.90
3704 062824 PW OFFICE SUPPL 428.07
4936 062824 PW OFFICE SUPPL 2,253.22
5081 062824 CCL OFFICE SUPPL 373.49
5470 062824 RCS NON -SPORTS CTR.LEAGUES 23.07
5946 062824 FA OFFICE SUPPL 61.93
6535 062824 CC CONF., MTGS, TRAVEL 692.03
7243 062824 PD TRNG. EXPENSES 3,130.11
7795 062824 HR OFFICE SUPPL 876.85
7899 062824 CM CONF., MTGS, TRAVEL 900.00
8770 062824 RCS STAR PROG. EXPENSES 1,672.43
9117 062824 RCS VEHICLE REPAIR & MAINT 84.68
9532 062824 PD OFFICE SUPPL 4,926.13
Exhibit 1 181

Voucher List
07/18/2024 10:20:35AM . CITY OF BELL GARDENS
Page: 2
Bank code : common
Voucher
Date Vendor
Invoice
PO # Description/Account Amount
191128 7/16/2024 010954 010954 BMO BANK N.A. (Continued) Total : 32,243.68 191129 7/16/2024 000313 BRITE WHITE, ELISEO RODRIGUEZ 25833 PW TRAILER TIRES/PARKS 260.00 Total: 260.00
191130 7/16/2024 008203 C.A.T. SPECIALTIES, INC 40680 PW B -BALL CAPS PARKS/FACILITIE 992.01 40681 PW PARKS/FACILITIES UNIFORM 533.81
Total : 1,525.82
191131 7/16/2024 008114 CALIFORNIA CLEANING SUPPLIES 57820 PW CUSTODIAL SUPPL 330.71 57825 PW CUSTODIAL SUPPL 473.52
57826 PW CUSTODIAL SUPPL 839.44
57827 PW CUSTODIAL SUPPL 612.24
57828 PW CUSTODIAL SUPPL 826.32
57845 PW CUSTODAIL SUPPL 69.98
Total : 3,152.21
191132 7/16/2024 010286 CWE F24239 PW FP CISTERN PROJ. DESIGN 3,922.00 Total : 3,922.00
191133 7/16/2024 004588 DAILY JOURNAL CORPORATION B3820120 CD PUBLICATIONS 06/24 515.00 B3820123 CD PUBLICATIONS 06/24 505.00
B3820126 CD PUBLICATIONS- 06/24 505.00
B3827958 CD PUBLICATIONS- 06/24 235.00
Total : 1,760.00
191134 7/16/2024 000335 DEPT OF CONSERVATION APRIL -JUNE CD STRONG MOTION FEE REPOR1 488.50 Total: 488.50
191135 7/16/2024 007652 DISCOUNT SCHOOL SUPPLY P42915010101 RCS KIDS CAMP CRAFT MATERIAL 484.37 Total: 484.37
191136 7/16/2024 008258 ECOFERT, INC 6015 RCS FIELD FERITIGATION-JUNE 724.00 Total: 724.00
191137 7/16/2024 007673 ENNIS-FLINT, INC. 463419 05519 PW WHITE FAST DRY TRAFFIC PAI 1,786.14 Total : 1,786.14
191138 7/16/2024 005761 FORENSIC NURSE SPECIALISTS,INC 5935 PD CONTRACT SRVC. ASSAULT E) 1,200.00 Exhibit 1 182

Voucher List
07/18/2024 10:20:35AM CITY OF BELL GARDENS
Page: 3
Bank code : common
Voucher Date Vendor
Invoice PO # Description/Account Amount
191138 7/16/2024 005761 005761 FORENSIC NURSE SPECIAL (Continued) Total : 1,200.00
191139 7/16/2024 007953 GAMETIME C/O GREAT WESTERN PJI-0241011 05773 PW PLAYGROUND EQUIP. REPL OI 4,316.29 Total : 4,316.29
191140 7/16/2024 009809 GLOBAL URBAN STRATEGIES INC. 653 05632 OWNER OCCUPIED PROG.. 654 05632 FIRST TIME BUYER PROG.

Total :
191141 7/16/2024 009734 GOLD COAST K9, K-9 SERVICES LLC 191142 7/16/2024 009785 GREENTECH LANDSCAPE INC.
191143 7/16/2024 002607 HERC RENTALS INC.
191144 7/16/2024 001025 HOME DEPOT
191145
7/16/2024 009818 IBE DIGITAL
BGPD-204
59581
34698733-001
024301/1284735
025077/0011089
025330/0512010
026963/9533628
028058/7011301
7071062
7071063
7285166
PD K-9 MAINT.TRNG. 6/05/24-6/19/2
Total:
6,081.32
1,678.75
7,760.07
175.00
175.00
05510 PW PUBLIC WORKS CITY WIDE LA 9,607.83
Total : 9,607.83
RCS SUMMER CONCERT 1 GENER
Total :

PW BGVP SUPPL

PW SMALL TOOLS/STREET CREW

PW BGVP SUPPL

PW FACILITIES SUPPL

RCS CFSC GENERAL SUPPL

RCS STAR INDEPENDENCE SUPPL

RCS ASP BGVP CARTS
Total :
680.39
680.39
126.28
439.27
283.79
237.60
115.30
372.93

51.65 528.46
2,155.28
468932 FA COPIER LEASE 6/6-7/5 188.77
468933
468934
468935
468936
468937
468938
468939
468940
468941
468942
CD COPIER LEASE 6/6-7/5
CCL COPIER LEASE 6/6-7/5
PD DISPATCH COPIER LEASE 6/6-7

PD BASEMENT BRIEFING COPIER
PD RECORDS COPIER LEASE 6/6-i
PW COPIER LEASE 6/7-7/6
RCS SR. CTR. COPIER 6/6-7/5
RCS NYC COPIER LEASE 6/6-7/5
RCS BGVP COPIER LEASE 6/6-7/5
RCS FORD COPIER LEASE 6/6-7/5
203.88

22.35 46.50

65.67 87.38
112.88

10.85 4.51

54.59 213.30
Exhibit 1 183

Voucher List
07/18/2024 10:20:35AM CITY OF BELL GARDENS
Page: 4
Bank code : common
Voucher Date Vendor
191145 7/16/2024 009818 009818 IBE DIGITAL
191146 7/16/2024 005177 INFRASTRUCTURE ENGINEERS
191147 7/16/2024 011073 INIGUEZ, YENNIFER
191148 7/16/2024 007466 INTER -GRAPHICS COMPANY
191149 7/16/2024 008730 JHM SUPPLY
191150 7/16/2024 002560 JIMENEZ, ELIZABETH
Invoice PO # Description/Account Amount
(Continued) Total : 1,010.68
436699 03505 PW FLORENCE AVE & EASTERN II' 4,540.35
Total : 4,540.35
26824638 PD REIMB. FOR DISPATCHER UNIF 93.91
Total : 93.91
INV0000358 05763 RCS RCS SUMMER BROCHURE 20. 12,728.00
Total : 12,728.00
96989/3 PW IRRIG. SUPPL (CENTER MEDIA 884.93
Total : 884.93
007660-028854
016720-037962
04545D-031181
0523994-9193023
06143D
157961
184168-030818
204215-031151
463334-050031
568957-042442
645518-015711
645906-019489
191151 7/16/2024 010284 JOHN L. HUNTER & ASSOC., INC. BG1 FPP12404 BG1FPP12405
RCS SPRING FESTIVAL DECOR/SU 21.25
RCS STAFF TRNG. SUPPL

RCS SPRING FESTIVAL DECOR/SU

RCS INDEPENDENCE DAY SUPPL/I
RCS STAFF TRNG. REFRESHMENT

RCS SPRING NYC SPECIAL EVENT
RCS INDEPENDENCE DAY SUPPL/[

RCS SRPING FESTIVAL DECOR/SU

RCS SPRING FESTIVAL DECOR/SU

RCS INDEPENDENCE DAY SUPPL/I

RCS INDEPENDENCE DAY SUPPL/I
Total :

PW PROJ. MNGMT & CONSTRUCTI
PW PROJ. MNGMT & CONSTRUCTI
Total :

34.45 53.15
108.14

49.33 31.12

16.54 38.28

7.63 94.74

2.76 8.25
465.64
10, 730.00
6,930.00
17, 660.00
191152 7/16/2024 001153 JPM GLASS CO., JOSE P. MENDOZA 52573 PW REPAIR BROKEN WINDOW @ c 212.45 Total : 212.45
191153 7/16/2024 001192 KNOTTS BERRY FARM SC24-000093 05794 RCS SUMMER CAMP EXCURSION 1 1,344.00 Total : 1,344.00
191154 7/16/2024 005455 LA COUNTY SHERIFF'S DEPT 243224BL PD PRISONER MAINT.MEALS-5/01/: 468.28 Exhibit 1 184

Voucher List
07/18/2024 10:20:35AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Invoice
191154 7/16/2024 005455 005455 LA COUNTY SHERIFF'S DEP (Continued) 191155 7/16/2024 001236 LAC + USC MEDICAL CENTER 0001
191156 7/16/2024 001244 LAKESHORE LEARNING
191157 7/16/2024 006145 LAN WAN ENTERPRISE, INC.
191158 7/16/2024 003476 LESLIE'S POOLMART INC.
191160 7/16/2024 001695 LIBERTY UTILITIES CORP
PO #
Description/Account
Total :

PD CONTRACT SRVC. ASSULT EXP
Total :
091241 RCS SUMMER DAY CAMP EQUIP
Total :
75086 IT OPEN PATH PD
75087 05862 IT OPEN PATH CITY COUNCIL DOO
75092 IT JABRA PRO 920 WIRELESS HEA
75121 05841 IT ACCESS CONTROL PD FIRST FL
75122 05835 IT ACCESS CONTROL PD BASEMEI
75123 05837 IT ACCESS CONTROL CITY - LABOF
75132 05831 IT OPEN PATH ANNUAL SUBSCRIP
75162 05840 IT ACCESS CONTROL COUNCIL DC
75170 05838 IT ACCESS CONTROL COMMUNITY
75185 05832 IT ACCESS CONTROL FINANCE - L
75268 05836 IT ELECTRIFIED CYLINDRICAL LOC
75292 05830 IT ARCHIVE SERVER - LABOR
75313 05462 PD MAINT. CONTRACT 6/17/24-6/27
75314 05462 PD MAINT.CONTRACT 6/24/24-6/27i
Total :
00005-02-067591
200006841171 02152
200006888636 0215:
200006888768 0215:
200006889642 0215:
200006889915 0215:
200006890194 0215:
200006891226 0215;
200006891515 02152
200006892323 02152
200006893354 0215:
200006893420 0215:
200006894386 0215;
RCS POOL MAINT.SUPPL
Total :

RCS D.ORDONEZ 6535 PRIAM DR.

RCS M.GONZALEZ 5810 AGRA ST
RCS T.VILLALVAZO 5837 AGRA ST
RCS E.GUZMAN 6224 AGRA ST.

RCS MC GONZALEZ 6313 AJAX AVE
RCS J.CAMARENA 6732 ALVINA ST
RCS J.N. ANAYA 6646 CHALET DR.

RCSJ.MIRANDA 6653 CHARNER S
RCS R. GUTIERREZ 6512 EMILAVE
RCS T.ZAMORA 6608 FOSTORIA BF
RCS I GUTIERREZ 6644 FOSTER BI
RCS C.BLTRAN 6440 GAGE AVE
Page: 5
Amount
468.28
1,890.00
1,890.00
478.39
478.39
992.25
4,249.58
354.41
9,240.00
6,600.00
7,200.00
5,184.00
9,000.00
7,200.00
5,400.00
6,844.57
2,640.00
4,800.00
4,800.00
74,504.81

96.29 96.29

65.53 74.01
133.35

96.62 90.96

90.96 147.48
266.18

68.36 110.75

68.36 96.62
Exhibit 1
185

07/18/2024 10:20:35AM
Voucher List

CITY OF BELL GARDENS
Bank code : common
Voucher
191160
Date Vendor
7/16/2024 001695 LIBERTY UTILITIES CORP
191161 7/16/2024 001695 LIBERTY UTILITIES CORP
191162 7/16/2024 003249 LUBRANI, SAMANTHA L.

Invoice
(Continued)
200006894493 0215;
200006894576 0215;
200006895458 0215;
200006895581 0215;
200006896274 0215;
200006896571 0215;
200006897439 0215;
200006897637 0215;
200006898072 0215;
200006898114 0215
200006898122 0215;
200006901785 0215;
200006902114 02152
200006902387 0215;
200006902510 0215;
200006903096 0215;
200006903377 0215;
200006903799 0215;
200006913137 0215;
200006933861 0215;
200006939678 0215;
200006942011 0215;
200006945907 0215;
200006957528 0215;
200006968750 0215;
200006990580 0215;
200007026921 0215;
200007082429 0215;
200007109081 0215;
200010579775 0215;
200006892075 0620;
CC24-006
PO #
Description/Account
RCS E.RODRIGUEZ 6558 GAGE AVI
RCS L.MENDOZA 6714 GAGE AVE
RCS J.PARRA 6720 GRANGER AVE
RCS R.VARGAS 6816 GRANGER A'V
RCS A. RUBIO 6515 HANNON ST.

RCS R.LOPEZ 6719 HANNON ST.

RCS A.CASTILLO 5526 LANTO
RCS D. VERNER 5807 LANTO ST
RCS M.RETEGUIN 5928 LANTO ST.

RCS B.JESALVA 5944 LANTO ST.

RCS R.BARAJAS 5951 LANTO
RCS G.VIDRIO 6617 TOLER AVE
RTCS E. E. GOMEZ 6800 TOLER AV
RCS J.MAGANA 5539 WATCHER ST
RCS A. PATEERSON 5572 WATCHE
RCS J.M. BORRAYO 5940 WATCHEI
RCS A. SANCHEZ 6238 WATCHER
RCS M.MARTINEZ 6730 ALVINA ST.

RCS I.GASTELUM 6320 AJAX AVE
RCS Y.DAVILA 6559 SUVA ST.

RCS C.FARIAS 6730 ALVINA ST #B
RCS K.ORDONEZ 6533 PRIAM DR.

RCS J.BELTRAN 69413 HANNON S1
RCVS J.CASTILLO 6818 HANNON S
RCS C.GAUSIN 6609 PRIAM DR
RCS A.CORRALES 6563 CHALET DI
RCS G.MARISCAL 5934 WATCHER
RCS T.SOLIZ 5516 WATCHER ST
RCS L.ZUNIGA 6661 CHARNER ST
RCS K.CRUZ 7033 GRANGER AVE
Total :

PW 7000 GARFIELD AVE
Total :

CCL CC MTNG. OF JUNE 10,2024 &
Total :

Page: 6
Amount

96.62 311.39
105.09

99.44 107.92
113.57

96.62 59.88

96.62 105.09
155.96

99.44 71.18

76.83 76.83
155.96

85.31 59.88

88.14 99.44

59.88 90.96

82.49 127.70
187.05

76.83 82.49
155.96
172.92

93.79 4,600.46
297.15
297.15
1,250.00
1,250.00
Exhibit 1
186

Voucher List
07/18/2024 10:20:35AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Page: 7
Invoice PO # Description/Account Amount
191163 7/16/2024 010759 MEAL KIT SUPPLY, LLC 38367 RCS CFSC PANTRY MRES 992.19 Total: 992.19
191164 7/16/2024 007590 MIRACLE RECREATION EQUIPMENT 870955-1 05498 PW ASMUS PARK PLAYGROUND B 154,753.39 870956-1 05498 PW HANNON PARK PLAYGROUND 137,276.52
Total: 292,029.91
191165 7/16/2024 001526 MOTOROLA SOLUTIONS INC. 1187121281 05843 PD CROSSROADS ACCIDENT INTE 7,693.52 1187122206 05844 PD RIPA MODULE-CALIF.RACIAL & 12,554.44 Total : 20,247.96
191166 7/16/2024 010476 MUNIZ, EFRAIN 702234
191167 7/16/2024 001562 NATIONAL CONSTRUCTION RENTALS 7469619 191168 7/16/2024 007759 PLS, ARTURO H ADORNO, 045
RCS TEEN BASKETBALL OFFICIAL 700.00
Total : 700.00
PD STRINGER POLE -06/2024/-07/1i 42.45
Total : 42.45
05766 RCS SKATE JAM MUSIC PROJECT', 1,000.00
Total : 1,000.00
191169 7/16/2024 010812 PLUMBING HEATING & A/C, NORWALK LA 335191 CHRIS 05847 PW UNGLOG LINE AND REMOVAL ( 2,064.82 191170 7/16/2024 008332 RICARDO EXTERMINATOR
191171 7/16/2024 005465 RPW SERVICES INC.
335286EMILI PW UNCLOGGED TOILET @ FP 669.90
Total : 2,734.72
0143807 PW EXTRM. SRVC. @ PARKVIEW T 65.00
Total : 65.00
39994 PW INSPEC & TREAT GOPHERS @ 462.00
Total: 462.00
191172 7/16/2024 007642 SKYLINE SAFETY & SUPPLY, PATRICIA SC 8535 191173 7/16/2024 002063 SMART & FINAL
PW SAFETY WEAR (PARKS/FACILI"
Total :
225.87
225.87
055911 RCS STAR SERVING SUPPL 412.83
464977 RCS STAR INDEPENDENCE SUPPL 266.03
802722 RCS YTH CAMP WEEK 3 SUPPL 353.86
Total : 1,032.72
Exhibit 1 187

Voucher List
07/18/2024 10:20:35AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Page: 8
Invoice PO # Description/Account Amount
191174 7/16/2024 002087 SOUTHERN CALIFORNIA EDISON 600001511489 0703; PW VARIOUS LOCATIONS 5,631.30 700076461609 0701: PW VARIOUS LOCATIONS 1,475.93
700394307872 0710; PW 6722 CLARA ST 1,899.50
700704214586 0710; PW 6626 MARLOW AVE 304.94
700815907359 0710; PW 8000 PARK LN UNITA& B 10,855.96
Total : 20,167.63
191175 7/16/2024 002105 SPARKLETTS 9232598 070624 CD WATER SRVC: 6/24- 48.94 Total : 48.94
191176 7/16/2024 007335 STANDARDS COMMISSION, CALIF. BLDG APRIL -JUNE CD BLDG. STANDARDS ADM.SPECI 174.06 Total : 174.06
191177 7/16/2024 010271 STAR CAR WASH & DETAIL 062024 RCS DEPT. VEHICLE WASH JUNE 40.00 Total : 40.00
191178 7/16/2024 002169 SUPER A FOODS 1702 RCS INDEPENDENCE DAY SUPPL 45.96 4212 RCS CFSC PANTRY DIAPERS 176.86
4213 RCS STAR INDEPENDENCE DRINK 31.47
4214 062724 RCS BGVP KIDS CAMP SNACK 154.72
8355 062724 RCS SR. CTR.WORLD DELICACY 6, 112.96
Total: 521.97
191179 7/16/2024 002188 TARGET SPECIALTY PRODUCTS INVP501543585 PW CTR. MEDIAN SUPPL 929.12 INVP501543591 PW CTR. MEDIAN SUPPL 17.59
Total : 946.71
191180 7/16/2024 000842 THE FLAG SHOP 21218 RCS INDEPENDENCE BUNTS 564.48 Total: 564.48
191181 7/16/2024 010634 ULINE, INC. 179883172 RCS SPECIAL EVENT UMBRELLAS 292.12 Total: 292.12
191182 7/16/2024 006130 VERIZON WIRELESS 9967383166 PW MNTHLY SRVCS.FEES FOR 5/2• 1,446.32 Total: 1,446.32
191183 7/16/2024 006130 VERIZON WIRELESS 9966993545 CD CELL SRVC: 5/20/24-6/19/24 208.48 Total: 208.48
Exhibit 1 188

Voucher List
07/18/2024 10:20:35AM CITY OF BELL GARDENS
Page: 9
Bank code : common
Voucher
Date Vendor
191184 7/16/2024 010641 VESTIS SERVICES, LLC
191185 7/16/2024 009690 WEX BANK
191186 7/16/2024 002427 WHITTIER FERTILIZER
Invoice PO # Description/Account Amount
2570286445
98253648
412532
RCS AQUATICS SRVCS.

Total :

FUEL EXP.ALL DEPTS. 6/7-7/6
Total :

PW SEEDS FOR PARKS
Total :
63 Vouchers for bank code : common Bank total :
63 Vouchers in this report Total vouchers :

90.62 90.62
32,746.24
32,746.24
568.89
568.89
581,829.05
581,829.05
Exhibit 1 189

Voucher List
07/18/2024 11:00:51AM CITY OF BELL GARDENS
Page: 1
Bank code : common
Voucher
1954 -WIRE
1955 -WIRE
1956 -WIRE
1957 -WIRE
191187
191188
Date Vendor
7/11/2024 003358 BANK OF THE WEST
7/11/2024 003359 BANK OF THE WEST
7/11/2024 001725 CALPERS
7/11/2024 009439 MASS MUTUAL
Invoice PO # Description/Account Amount
Ben602541
Ben602537
Ben602539
Ben602543
7/16/2024 008604 ACCOUNT 6746022400, U.S. BANK PARS Ben602529 7/16/2024 000098 ALIN PARTY SUPPLY
STATE INCOME TAX: PAYMENT
Total :

FEDERAL INCOME TAX: PAYMENT
Total :

PERS - MISC: PAYMENT
MASS MUTUAL: PAYMENT
PARS: PAYMENT
30,364.88
30,364.88
97, 857.96
97,857.96
150,194.86
Total : 150,194.86
25, 948.80
Total : 25,948.80
8,999.19
Total : 8,999.19
615529 RCS SR.CTR.SUMMER LUAU 7/11 466.80
615531 RCS SR. CTR.BIRTDAY DECO 213.12
Total: 679.92
191189 7/16/2024 010833 AMAZON CAPITAL SERVICES, INC. 14Y7-PV6T-L99T 191190 7/16/2024 000284 ASSOC., BELL GARDENS POLICE Ben602533 191191 7/16/2024 006978 BELL GARDENS AUTO BODY CENTER JUL 2024 191192 7/16/2024 003917 DIAL COMMUNICATIONS 53061
191193 7/16/2024 004594 FUN EXPRESS 73166028301
73167003101
73171645801
191194 7/16/2024 002607 HERC RENTALS INC. 34734290-001
RCS TABLE COVER CLIPS 82.59
Total: 82.59

NON -SWORN POA MEMBER -DUES,
Total :

POLICE EXPLORER #276 REPAIRS
Total :

PW 5 AIRTIME MT.WILSON RADIO
Total:

RCS INDEPENDENCE DECOR.

RCS STAR COUNTRY DAY DECOR
RCS PATRIOTIC CRAFT KITS 7/3
Total :
3,068.00
3,068.00
22,887.95
22,887.95
190.00
190.00
435.00

25.21 209.20
669.41
RCS INDEPENDENCE DAY GENER/ 693.62
Exhibit 1 190

Voucher List
07/18/2024 11:00:51AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Page: 2
Invoice PO # Description/Account Amount
191194 7/16/2024 002607 HERC RENTALS INC. (Continued)
34734306-001 RCS PRE-SET UP GENERATOR US, 633.15
Total : 1,326.77
191195 7/16/2024 001025 HOME DEPOT 001665/4082351 RCS BGSC AEROSAL PAINT 95.66 003938/2510897 PW FACILITIES SUPPL 409.98
Total : 505.64
191196 7/16/2024 001192 KNOTTS BERRY FARM SC24-000091 RCS FAMILY EXCURSION 960.00 Total : 960.00
191197 7/16/2024 010569 LA BOMBA MIX & JC PRODUCTIONS, JUAI 1-71824 05869 RCS SUMMER CONCERT #2 STAGE 1,750.00 Total : 1,750.00
191198 7/16/2024 010545 LINGO 34011731 PD POTS LINES 7/3-8/2 401.20 Total : 401.20
191199 7/16/2024 011063 MENDEZ, ANTHONY 072624FINAL RCS SR. CTR.ENTERTAINMENT 499.50 Total : 499.50
191200 7/16/2024 001526 MOTOROLA SOLUTIONS INC. 8230458434 05852 PD MOTOROLAASTRO SYSTEM M/ 26,297.83 Total : 26,297.83
191201 7/16/2024 011075 MVISION 8380 PD INSTAL. OF MUSD DECALS FOF 225.60 Total : 225.60
191202 7/16/2024 010412 NATIONAL AUTO FLEET GROUP WC10436 05532 PW 2024 CHEVROLET SILVERADO 55,377.24 WC10447 05532 PW 2024 CHEVROLET SILVERADO 55,377.24
Total : 110,754.48
191203 7/16/2024 007608 OREILLYAUTO PARTS 3849-363095 PW FACILITIES SUPPL 14.99 Total : 14.99
191204 7/16/2024 008044 PAL PROGRAM Ben602531 PAL PROGRAM: PAYMENT 205.00 Total: 205.00
191205 7/16/2024 007759 PLS, ARTURO H ADORNO, 032 05871 RCS SUMMER MOVIE #2 2,400.00 Total : 2,400.00
Exhibit 1 191

07/18/2024 11:00:51 AM
Bank code : common
Voucher
Date Vendor
Voucher List

CITY OF BELL GARDENS
191206 7/16/2024 009621 REYES, RICARDO
191207 7/16/2024 011074 ROAD SOUP OF CALIFORNIA
191208 7/16/2024 009031 STAR2STAR COMMUNICATIONS, LLC
191209 7/16/2024 000594 STATE DISBURSEMENT UNIT
191210 7/16/2024 002169 SUPER A FOODS
191211 7/16/2024 010804 TLC LUXURY TRANSPORTATION
191212 7/16/2024 006443 TOTAL EXTERMINATING INC.
191213
191214
191215
7/16/2024 003821 US ARMOR CORPORATION
7/16/2024 009744 USA & RAFAEL CLEANERS, RAFAEL RODI
7/16/2024 010811 VITAL RECORDS CONTROL
Invoice
342-2024
INV-000428
SUBC00013391
Ben602535
0504
0505 070124
188104
100310
100311
100312
100313
100315
100316
100317
100318
46488
72830
4323019
PO #
Description/Account
RCS SR. CTR.DEJ EQUIP
Total :

PW COLD PATCH FOR CITY POT He
Total :

VOIP SRVCS. 7/07/24-8/07/24
Total :

GARNISHMENT: PAYMENT
Total :

RCS ASP COOKING CLASS

RCS INDEPENDENCE EVENT SCIEI
Total :

RCS VIP SR.CTR. SEASIDE EXCUR
Total :

PW MNTHLY SRVC.@ FP/SPORTS t
PW MNTHLY SRVC. @ WATER WEL
PW MNTHLY SRVC @ PW (ANTS/OI
PW MNTHLY SRVC.@ SIERRA BUIL

PW MNTHLY SRVC BGVP (BLACK V
PW MNTHLY SRVC @ BGVP (BLACI
PW MNTHLY SRVC @ CH & PD (BLS
PW MNTYHLY SRVC.@ CH & PD 7/.

Total:

PD SAFETY VEST -OFFICER J.PEDF
Total :

RCS PATRIOTIC PLEATED BUNTS
Total :

PD ONSITE SHREDDING SRVC.

Total :
33 Vouchers for bank code : common Bank total :

Page: 3
Amount
350.00
350.00
636.03
636.03
10,518.42
10,518.42
1,241.52
1,241.52

14.37 68.87

83.24 960.00
960.00
100.00

70.00 50.00

60.00 125.00

98.00 170.00
195.00
868.00
925.99
925.99

80.00 80.00
421.06
421.06
502,368.83
Exhibit 1
192

Voucher List
07/18/2024 11:00:51AM CITY OF BELL GARDENS
Page: 4
Bank code : common
Voucher
Date Vendor
TRANSFER 7/11/2024 BANK OF THE WEST
Invoice PO # Description/Account Amount
P/R
NET PAYROLL 598,883.97
33 Vouchers in this report Total vouchers : 1,101,252.80 Exhibit 1 193

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 6.

TO:

FROM:

BY:

SUBJECT:

DATE:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Carrillo, Director of Finance & Administrative Services

WARRANT REGISTER SUCCESSORAGENCY
August 12, 2024
RECOMMENDATION:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 07/02/2024.

BACKGROUND/DISCUSSION:

The attached warrant register is for 07/02/24. The warrant register reflects the obligation of the Successor Agency to the Community Development Commission (Successor Agency) for the above referenced date.

CONCLUSION:

If the recommendation to the Successor Agency Members is approved, then the warrant register dated 07/02/2024 will be received and filed.

FISCAL IMPACT:

Warrant register
07/02/2024
ATTACHMENTS:
12953-12954
Total Voucher
Grand Total Voucher
EXHIBIT -1 WARRANT REGISTER
$1,262,820.26
$1,262,820.26
$1,262,820.26
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 194

Voucher List
07/03/2024 9:14:01AM CITY OF BELL GARDENS
Page: 1
Bank code : cdcckg
Voucher
Date Vendor
12953 7/2/2024 005981 US BANK
12954 7/2/2024 005981 US BANK
2 Vouchers for bank code : cdcckg
Invoice PO # Description/Account Amount
2618983 BGCDC TAB 2014-C INT. EXP 718,445.38
Total : 718,445.38
2618986 BGCDC TAB 2014-B INT.EXP 544,374.88
Total: 544,374.88
Bank total : 1,262,820.26
2 Vouchers in this report Total vouchers : 1,262,820.26 Exhibit 1 195

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 7.

TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Gustavo Romo, Deputy City Manager/Community Development Director SECOND READING AND ADOPTION OF ORDINANCE NO. 943 AMENDING CHAPTER

MUNICIPAL CODE TO REGULATE VEHICLE PARKING AND STORAGE FOR

AUTOMOBILE REPAIR USES
DATE: August 12, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council waive full reading and adopt Ordinance No. 943 to amend Chapter

9.04 (Definitions), Chapter 9.12 (Commercial Zones), Chapter 9.14 (Industrial Zone), Chapter 9.20 (Special Uses and Applicable Standards), and Chapter 9.38 (Parking and Loading [Off Street]) of Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code (BGMC) to regulate off-street vehicle parking and storage for automobile repair uses.

BACKGROUND/DISCUSSION:

On July 22, 2024, the City Council with a vote of 4-0-1 waived the full reading and introduced Ordinance No. 943, by title only, to amend the aforementioned BGMC Chapters to ensure that automobile repair uses provide and maintain adequate off-street parking and loading facilities.

CONCLUSION:

If approved, Ordinance No. 943 would become effective 30 calendar days after approval. Ordinance No. 943 is intended to encourage private property development and improvement for vehicle storage and queuing purposes and promote the evenly balanced use of available shared public rights -of -way parking. Staff recommends that the City Council waive full reading and adopt Ordinance No. 943.

FISCAL IMPACT:

If Ordinance No. 943 is adopted, administration and implementation of the ministerial or discretionary permitting required would be carried out in existing entitlement application processes with which fees are already associated to achieve partial staff cost recovery. Applicants would be responsible for the payment of fees associated with land use entitlement processing of proposed projects and subsequent business regulatory permits. Revenue from initial and annually renewed business licenses would contribute to the General Fund.

ATTACHMENTS:
196

Exhibit 1 — Ordinance No. 943
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services

ORDINANCE NO. 943

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AMENDING CHAPTER 9.04 (DEFINITIONS), CHAPTER 9.12 (COMMERCIAL ZONES), CHAPTER 9.14 (INDUSTRIAL ZONE), CHAPTER 9.20 (SPECIAL USES AND APPLICABLE
STANDARDS), AND CHAPTER 9.38 (PARKING AND LOADING (OFF
STREET)) OF TITLE 9 (ZONING AND PLANNING REGULATIONS) OF

THE BELL GARDENS MUNICIPAL CODE TO REGULATE VEHICLE

PARKING AND STORAGE FOR AUTOMOBILE REPAIR USES
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California;
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; WHEREAS, California Constitution Article XI, Section 7, enables cities to make and enforce local land use regulations;
WHEREAS, the General Plan's Circulation Element Policy M5.1; acknowledges the importance of a balanced supply of parking in order to reduce vehicle trips and encourage active transportation, and thereby improve air quality; WHEREAS, Ordinance No. 943 emphasizes the City's commitment to require new developments provide off-street parking and area for vehicle storage to facilitate a balanced supply of parking, reduced vehicle trips, and the encouragement of active transportation, thereby improving air quality, and is therefore consistent with Policy M5.1; WHEREAS, the General Plan's Land Use Element Policy 3 emphasizes the City's commitments to promote compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization; WHEREAS, Ordinance No. 943 imposes the use of development standards and the provision of adequate off-street parking and area for vehicle storage to encourage realizing the City's commitments to promote compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization and is therefore consistent with Policy 3; WHEREAS, the General Plan's Land Use Element Policy 4 promotes the City's encouragement to maintain and rehabilitate existing industrial uses and private investment in the City's industrial economic base while ensuring compliance with necessary environmental requirements;
Exhibit 1 198

Ordinance No. 943
Page No. 2
WHEREAS, Ordinance No. 943 furthers private investment opportunities in the City's industrial economic base while ensuring compliance with necessary environmental requirements by providing subjective standards by which projects would be evaluated and shall comply to include minimum requirements of dedicated space, development and design, and operating standards to safeguard the shared resource of available parking to expand business operations to recognize the City's encouragement to maintain and rehabilitate existing industrial uses and private investment and is therefore consistent with Policy 4;
WHEREAS, the General Plan's Land Use Element Policy 5 acknowledges the City's support of providing an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses; WHEREAS, Ordinance No. 943 provides regulation that local businesses ensure sufficient on -street parking is made available to advance community stability, and economic vitality through an available and inviting shared public right-of-way for residents and visitors to patronize supports the City's efforts to stimulate local employment, property values, community stability, and economic vitality and is therefore consistent with Policy 5;
WHEREAS, the City seeks to amend parking regulations to require adequate vehicle parking and storage availability for private enterprise; WHEREAS, at a duly noticed public hearing, the Planning Commission adopted Planning Commission Resolution #2024-11 recommending to the City Council the approval of Ordinance No. 943; and
WHEREAS, on a Public Hearing Notice for Ordinance No. 943 was posted at City Hall, John Anson Ford Park, Veterans Park, Department of Public Works, and published in the Daily Journal Corporation responsible for the Bell Gardens newspaper on July 11, 2024.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings and Purpose. In adopting this Ordinance, the City Council finds and declares as follows:

The above recitals are true and correct and incorporated. ii. Ordinance No. 943 serves the public health, safety, and welfare of the residents within the City by encouraging the innovative use of land for vehicle parking and storage relative to the automobile repair use and by meeting the needs of drivers to reduce vehicle trips, encourage active transportation, and ensure a balanced supply of parking.

Exhibit 1 199

Ordinance No. 943
Page No. 3
iii. Ordinance No. 943 is consistent with the City's General Plan. iv. Ordinance No. 943, amending the City of Bell Gardens Municipal Code, presents no reasonably foreseeable risk to the public health and safety.

SECTION 2. Section 9.04A 20 ("L" definitions) of Chapter 9.04 (Definitions) of Title 9 (Planning and Zoning) of the Bell Gardens Municipal Code, is amended to add the following definition (underlining denotes additions):
"Lien" shall have the same meaning as in Sections 3067-3074 of Division 3 of the California Civil Code.

SECTION 3. Section 9.04A 70 ("Q" definitions) of Chapter 9.04 (Definitions) of Title 9 (Planning and Zoning) of the Bell Gardens Municipal Code, is amended to add the following definition (underlining denotes additions):
"Queue" or "Queuing" shall mean a line or sequence of people or vehicles awaiting their turn to be attended to or to proceed.

SECTION 4. Section 9.20.072 entitled "Automobile Repair Uses" is added to Chapter 9.20 (Special Use and Applicable Standards) of Title 9 (Planning and Zoning) of the BeII Gardens Municipal Code as follows (underlining denotes additions):

In addition to compliance with all other applicable statutes, ordinances, and regulations, the following regulations shall apply to all automobile repair shop uses where they are permitted as a principal use:

A. Off -Street Parking
The owner/operator of all activity associated with any automobile repair use is responsible to provide and maintain adequate off-street parking and loading facilities as referenced in BGMC Chapter 9.38 (Parking and Loading (Off -Street);

2. All automobiles, including those that are under repair or awaiting repair shall be stored as set forth in BGMC Section 9.28.010.A. No land within any public rights -of -way shall be used as area for required parking or loading facilities for automobiles temporarily stored. Queued, recently served/serviced by the business, or if a Lien has been placed.

B. Notwithstanding the provisions of BGMC Chapter 9.64 (Nonconforming Lots.

Uses. and Structures), all automobile repair shops/uses shall adhere to the requirements of this Section.

SECTION 5. Table 9.12A: Commercial Land Use Matrix of Section 9.12.030 (Permitted land uses) of Chapter 9.12 (Commercial Zones) of Title 9 (Planning and Exhibit 1 200

Ordinance No. 943
Page No. 4
Zoning) of the Bell Gardens Municipal Code, is amended as follows (underlining denotes additions):

Uses
M -U
Zone
C -S
Zone
C-3
Zone
C-4
Zone
C -M
Zone
Special Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review (PC) T: Temporary Use Automobile general
repair
P
P
P
P
Includes brake repair shops, engine
and mechanical repair, muffler shops,
tire repair and sales (new tires only),
but excludes complete engine
rebuilding, machining, or welding; all
operations must be conducted within
an enclosed building.

Refer to Division 4 of this title,
Supplemental Development
Standards, BGMC 9.28.010.

Refer to BGMC 9.20.072 found in
Division 3 of this title (Special Uses
and Prohibited Uses).

Automobile painting
and reupholstering
shops, but excluding
body and fender work
P
Incidental body and fender repair (less
than 25 percent of floor and lot area)
may be approved through a
conditional use permit; all operations
must be conducted within an enclosed
building.

Refer to BGMC 9.20.072 found in
Division 3 of this title (Special Uses
and Prohibited Uses).

SECTION 6. Table 9.14A: Industrial Land Use Matrix of Section 9.14.030 (Permitted land uses) of Chapter 9.14 (Industrial Zones) of Title 9 (Planning and Zoning) of the Bell Gardens Municipal Code, is amended as follows (underlining denotes additions):

Uses
M-1
Special Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review (PC) T: Temporary Use Automobile service station
S
Refer to BGMC 9.20.072 found in Division 3 of this
title (Special Uses and Prohibited Uses;.

Automobile uses: Including
brake repair shops, body and
fender repair shops, muffler
shops, paint spray booths,
repair garages, radiator shops,
seat covers manufacturing,
P
Refer to BGMC 9.20.072 found in Division 3 of this
title (Special Uses and Prohibited Uses); also see
Footnotes No. 1 and 2 at end of table.

Refer to Division 4 of this title, Supplemental
Development Standards, BGMC 9.28.010.

Exhibit 1 201

Ordinance No. 943
Page No. 5
assembly, rentals, painting,
and sales
SECTION 7. Subsection 9.28.010(D) is added to Section 9.28.010 (Automobile storage) of Chapter 9.28 (Automobile and Outdoor Storage) of Title 9 (Planning and Zoning) of the BeII Gardens Municipal Code as follows (underlining denotes additions):

D. Automobile Monitoring. The owner/operator of all activity associated with the automobile use, service, and/or repair shall display a copy of an invoice showing the dates of when the automobile was submitted for repair and estimated date of completion. The invoice shall be displayed where visible on the automobiles temporarily stored. Queued, recently served/serviced by the business, or if a lien has been placed. Dates of invoices shall not exceed a maximum of sixty (60) days.

SECTION 8. Item 2 (Commercial and Industrial) of Subsection A (Location) of Section 9.38.020 (Limitation of parking and loading facilities) of Chapter 9.38 (Parking & Loading (Off -Street)) of Title 9 (Planning and Zoning) of the BeII Gardens Municipal Code is amended to add the standard as follows (underlining denotes additions):
b. For automobile repair uses, no land within any public rights -of -way shall be used as parking or loading facilities for automobiles temporarily stored, Queued, recently served/serviced by the business, or if a Lien has been placed. The owner/operator of the business is responsible for providing and maintaining adequate off-street parking and loading facilities as referenced in this chapter. (Refer to BGMC

9.20.072 for special Queuing/storage standards).

SECTION 9. The City Council determines that Ordinance No. 943 has been assessed in accordance with the California Environmental Quality Act ("CEQA") (Pub.

Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). The City Council determines that the Project is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). The approval of this Ordinance would result in no physical improvements or developments and future projects would be subject to CEQA and environmental review. The City Council further determines pursuant to Section 15378 that Ordinance No. 943 would cause no reasonably foreseeable direct or indirect physical changes in the environment because no specific activity is authorized. Therefore, it can be seen with certainty that the adoption of this Ordinance would result in no direct or indirect environmental impacts.

SECTION 10. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have Exhibit 1 202

Ordinance No. 943
Page No. 6
adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 11. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law, which shall take full force and effect thirty (30) days from its adoption.

PASSED, APPROVED and ADOPTED this _ day of 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Exhibit 1 203

Ordinance No. 943
Page No. 7
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Ordinance No. 943 was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on July 22, 2024, and that thereafter said Ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on Monday, August 12, 2024, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
Exhibit 1 204

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 8.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Deputy City Manager/Director of Community Development SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 945 TO AUTHORIZE A

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS,

STIIIZY BELL GARDENS, LLC AND EASTERN GAGE, LLC RELATING TO THE PROPERTY LOCATED AT 5726 GAGE AVENUE IN THE CITY OF BELL GARDENS DATE: August 12, 2024
RECOMMENDATION:

BACKGROUND/DISCUSSION:

On July 22, 2024, the City Council waived the full reading and introduced Ordinance No. 945, by title only, to authorize entering into and execution of DA No. 2023-077 and waived further reading thereof. The Council voted to adopt the ordinance by a 3-1-1 vote.

If adopted, Ordinance No. 945 would permit a cannabis retail use at 5726 Gage Avenue for an initial five (5) -year term, subject to an option to extend the term for an additional five (5) years, for a total 10 -year term, so long as the operator is in compliance with applicable state and local laws, the development agreement, the conditional use permit, additional city approvals (if any), and the state cannabis licenses, in exchange for annual and quarterly community benefits provided by the cannabis retail use operator.

ENVIRONMENTAL REVIEW:

In accordance with the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), Ordinance No. 945 was determined to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) by the City Planning Commission on June 19, 2024.

CONCLUSION:

If approved, Ordinance No. 945 would become effective 30 calendar days after approval once the operator provides proof of insurance and submits the initial Annual Community Benefits payment of One Hundred Thousand Dollars ($100,000). The proposed ordinance would ensure vested development rights in exchange for community benefits dedicated to revenue for youth programs, housing and homelessness issues, and other discretionary items. Staff recommends that the City Council conduct a second reading of Ordinance No 945 and adopt the ordinance.

FISCAL IMPACT:
205

Ordinance No. 945 proposes an up -front payment of $100,000 (Annual Community Benefit) upon the effective date of the DA and renewed contributions annually following the execution of the DA, every January. The cannabis retail use operator would also be required to make quarterly contributions equal to seven percent (7%) of gross receipts (Quarterly Community Benefit). Pursuant to the DA terms, 80% of these funds would be dedicated to the City's youth and recreational programming and housing programs. The DA also requires deposits to aid in cost recovery efforts to defray the costs of staff time spent on the negotiation and preparation of a development agreement and monitoring activities to ensure compliance with the DA, CUP, BGMC, and other applicable laws and regulations.

ATTACHMENTS:

Exhibit 1 — Ordinance No. 945
Exhibit 2 — DA No. 2023-077
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 206

ORDINANCE NO. 945

AN ORDINANCE AUTHORIZING THE EXECUTION OF A

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BELL

GARDENS, STIIIZY BELL GARDENS, LLC AND EASTERN GAGE, LLC RELATING TO REAL PROPERTY LOCATED AT 5726 GAGE AVENUE

IN THE CITY OF BELL GARDENS
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California; and
WHEREAS, the City Planning Commission, on June 19, 2024, considered and recommended that the City Council of Bell Gardens approve the development agreement by and between the City, STIIIZY Bell Gardens, LLC, and The R&M Pandey 2020 Family Trust (Development Agreement), which Development Agreement is hereby incorporated by reference, and which is hereby incorporated into the provisions of this Ordinance; and WHEREAS, after due notice, the City Planning Commission and the City Council did conduct public hearings on this matter; and
WHEREAS, pursuant to Government Code Section 65864 et. seq, and City Council Resolution No. 2023-043, the City Planning Commission transmitted to the City Council its findings and recommendations; and
WHEREAS, the Development Agreement is in the public interest and is consistent with the City's General Plan; and
WHEREAS, Policy 1 of the General Plan's Land Use Element emphasizes the City's commitment to open communication and seeking public input; and WHEREAS, the deliberation of the ordinance has been subject to a public hearing process that has been duly noticed for the purpose of seeking public input and participation and community members will continue to provide public input for individual projects resulting from ordinance implementation and is therefore consistent with Policy 1; and
WHEREAS, Policy 3 of the General Plan's Land Use Element promotes compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization of commercial areas in the City; and
WHEREAS, the Project proposes to reactivate a currently vacant commercial building resulting in a cannabis retail storefront thereby enhancing the economic viability of the surrounding commercial areas and is therefore consistent with Policy 3; and Exhibit 1 207

WHEREAS, Policy 4 of the General Plan's Land Use Element asserts that the City shall encourage private investment in the City's industrial economic base while ensuring compliance with necessary environmental requirements; and WHEREAS, the Development Agreement encourages long term investment by permitting a cannabis retail use for a term of up to 10 years and has otherwise complied with all applicable state and local environmental requirements and is therefore consistent with Policy 4; and
WHEREAS, Policy 5 of the General Plan's Land Use Element emphasizes the provision of an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses; and WHEREAS, the introduction of a cannabis retail use will promote an economic diversity of the City's commercial zone in order to ensure community stability and economic vitality of existing businesses and is therefore consistent with Policy 5; and WHEREAS, the City Council has reviewed and considered the Development Agreement and the Findings and recommendations of the City Planning Commission.

NOW THEREFORE, THE PEOPLE OF THE CITY OF BELL GARDENS DO ORDAIN AS FOLLOWS:

Section 1. The recitals set forth above are true and correct and hereby incorporated by reference, in full, herein.

Section 2. The City Council finds, with respect to the Development Agreement, that it:
(i) Is consistent with the objectives, policies, general land uses and programs specified in the General Plan;
(ii) Promotes the public health, safety, and general welfare; (iii) Is just, reasonable, fair, and equitable under the circumstances; and (iv) Provides sufficient benefit to the community to justify entering into the agreement.

Section 3. The City Council hereby approves DA No. 2023-077 and authorizes the City Attorney to approve as to form and make clarifying changes and further authorizes and directs the City Manager to execute the development agreement in the name of the City of Bell Gardens.

Section 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted Exhibit 1 208

this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

Section 5. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause this Ordinance to be published and/or posted as required by law, which shall take full force and effect thirty days from its adoption.

PASSED, APPROVED AND ADOPTED this day of , 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
Exhibit 1 209

, City Clerk of the City of Bell Gardens, hereby CERTIFY that Ordinance No. 945 was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on July 22, 2024, and that thereafter said ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on August 12, 2024, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez, City Clerk
Exhibit 1 210

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

City of Bell Gardens
City Hall
7100 Garfield Ave.

BETWEEN

THE CITY OF BELL GARDENS
AND
STIIIZY Be11 Gardens, LLC
Exhibit 2

This DEVELOPMENT AGREEMENT ("Agreement") is dated as of , 2024 by and among the City of Bell Gardens (the "City"), STIIIZY Be11 Gardens, LLC ("Developer") and Eastern Gage, LLC (the "Property Owner"). This Agreement shall take effect on the "Effective Date," as this term is hereafter defined. The City, Developer, and the Property Owner may each be referred to herein individually as a "Party" or collectively as the "Parties."

RECITALS
WHEREAS, in 1996, the California State Legislature approved Proposition 215, also known as the Compassionate Use Act ("CUA") (Health and Saf. Code § 11262.5 et seq.) and was intended to enable persons in need of medical marijuana for specified medical purposes, such as cancer, anorexia, AIDS, chronic pain, glaucoma and arthritis, to obtain and use marijuana under limited circumstances and were recommended by a physician. The CUA provides that "nothing in this section shall be construed or supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non -medical purposes";
WHEREAS, in 2004, the California State Legislature enacted the Medical Marijuana Program Act (Health & Saf. Code § 11362.7 et seq.) ("MMP"), which clarified the scope of the CUA, created a state -approved voluntary medical marijuana identification card program, and authorized cities to adopt and enforce rules and regulations consistent with the MMP. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the MMP to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances;
WHEREAS, on April 25, 2011, this City Council approved a moratorium on the establishment and operation of medical marijuana dispensaries through the adoption of Ordinance No. 840;
WHEREAS, in September 2015, the California State Legislature enacted, and Governor Brown signed into law three bills — Assembly Bill 243, Assembly Bill 266, and Senate Bill 643 — which together comprise the Medical Marijuana Regulation and Safety Act (the "MMRSA"). The MMRSA created a comprehensive dual state licensing system for the cultivation, manufacture, retail, sale, transport, distribution, delivery, and testing of medical cannabis; WHEREAS, on January 25, 2016, the City Council adopted Ordinance No. 873 to prohibit all commercial cannabis activities citywide, including Cannabis Retail Activities; WHEREAS, in June 2016 the MMRSA was renamed the Medical Cannabis Regulation and Safety Act (the "MCRSA"), under Senate Bill 837, which also made included substantive changes to the applicable state laws, which affect the various state agencies involved in regulating cannabis businesses as well as potential licensees;
WHEREAS, on November 8, 2016, the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA") was approved by California voters as Proposition 64 and became effective on November 9, 2016, pursuant to the California Constitution (Cal. Const., art. II, § 10(a)). Proposition 64 legalized the nonmedical use of cannabis by persons 21 years of age and over, and the personal cultivation of up to six (6) cannabis plants;
Exhibit 2 12

WHEREAS, AUMA also created a state regulatory and licensing system governing the commercial cultivation, testing, and distribution of nonmedical cannabis, and the manufacturing of nonmedical cannabis products;
WHEREAS, on June 27, 2017, Governor Brown signed the Legislature -approved Senate Bill 94. SB 94 combined elements of the MCRSA and AUMA to establish a streamlined singular regulatory and licensing structure for both medical and nonmedical cannabis activities given that there were discrepancies between the MCRSA and AUMA. The new consolidated provisions under SB 94 are now known as the Medicinal and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA") to be governed by the California Bureau of Cannabis Control; WHEREAS, on September 16, 2017, Governor Brown signed Assembly Bill 133 into law, which provided cleanup and substantive to MAUCRSA, including the removal of the requirement that licensed premises remain "separate and distinct" for each license type; WHEREAS, MAUCRSA grants local jurisdictions discretion over whether businesses engaged in Commercial Cannabis Activity may operate in a particular jurisdiction and, if authorized, where within such jurisdiction;
WHEREAS, on June 26, 2023, the City Council approved Ordinance No. 934 to (i) repeal the prohibition of all adult -use Cannabis Activities in the City; and (ii) establish regulations and a discretionary review process for Cannabis Retail Activities, in the M -U (Mixed Use Residential/Commercial, C -S (Commercial. Service and Professional), C-3 (Medium Commercial, C-4 (Heavy Commercial, C -M (Commercial -Manufacturing), and M-1 (Light Industrial) Zones; WHEREAS, Ordinance No. 934 allows persons to engage in permissible Retail Commercial Cannabis Activities upon the City's approval of a conditional use peiniit and issuance of a Business Regulatory Permit, for a term of eighteen (18) months unless Developer executes a development agreement with the City;
WHEREAS, Developer seeks to improve, develop, and/or use real property to operate a Cannabis Retail use in the City, in strict accordance with the California Cannabis Laws, the Bell.

Gardens Municipal Code, and related statutes and regulations, as each may be amended from time to time (the "Project");
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code Section 65864 et seq. (the "Development Agreement Statute"), which authorizes City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property; WHEREAS, consistent with the requirements of the Development Agreement Statute, City adopted Resolution 2023-43 ("Development Agreement Procedures") authorizing the use of and establishing the procedures and requirements for the consideration of development agreements within the City;
Exhibit 2 2313

WHEREAS, Government Code Section 65865 requires that an applicant for a development agreement hold a legal or equitable interest in the real property that is the subject of the development agreement;
WHEREAS, Developer has a leasehold interest in that certain real property located at 5726 Gage Avenue in the City of Bell Gardens, County of Los Angeles, State of California, Assessor's Parcel Number ("APN") 6330-015-024 (the "Site"), upon which Developer seeks to effectuate the Project;
WHEREAS, the Site is more particularly described in the Legal Description attached hereto as Exhibit "A," the Site Plan attached hereto as Exhibit "B," and the Floor Plan attached hereto as Exhibit "C";
WHEREAS, the Site is located within the Mixed -Use Commercial/Residential ("M -U") Zone in the City where Cannabis Retail sales may be conditionally permitted; WHEREAS, Developer affirms that it has a leasehold interest in the Site pursuant to a lease with the Property Owner for the purpose of carrying out the Project; WHEREAS, the Property Owner has provided notarized written consent to: (1) all teitits of this Agreement, including, but not limited to, Sections 6.1 and 9.6 of this Agreement; and (2) and recordation of this Agreement against the title of the Site. Such written consent agreement is attached hereto as Exhibit "D."
WHEREAS, Government Code Section 65867.5 and the City Development Agreement Procedures require the Bell Gardens Planning Commission ("Planning Commission") to conduct a public hearing to review a proposed development agreement; WHEREAS, on June 19, 2024, the Planning Commission, in a duly noticed and conducted public hearing, considered the recommendation of approval of this Agreement to the City Council; WHEREAS, on June 19, 2024, the Planning Commission recommended City Council approval of this Agreement, which would allow Developer to operate the Project at the Site; WHEREAS, on June 19, 2024, the Planning Commission also reviewed, considered, and conditionally approved Conditional Use Peim,mit No. 2023-077 pending City Council's approval of this Agreement;
WHEREAS, on July 22, 2024, pursuant to Government Code Section 65867 and the City Development Agreement Procedures, the City Council, following a duly noticed and conducted public hearing, reviewed, considered, introduced and adopted by first reading of Ordinance No. 945, and, on August 12, 2024, the City Council approved for second reading and adopted Ordinance No. 945, authorizing the City's engagement into this Agreement; WHEREAS, this Agreement is entered into pursuant to the Development Agreement Statute and the City's Development Agreement Procedures; WHEREAS, the City and Developer desire to enter into this Agreement to (i) facilitate the orderly development of the Site; (ii) create a physical environment that is consistent with and complements City's goals and visions; (iii) protect natural resources from adverse impacts; (iv) improve, upgrade, and create additional community facilities and infrastructure, enhance services, Exhibit 2 2414

AGREEMENT
ARTICLE 1

Section 1.3. Exhibits. The following "Exhibits" are attached hereto and incorporated into this Agreement in their entirety by this reference:

Exhibit "A":

Legal Description
Exhibit "B":

Site Plan
Exhibit "C":

Floor Plan
Exhibit "D"
Property Owner Consent
Exhibit "E"
Security Plan
Exhibit "F"
Conditional Use Permit No. 2023-077
Section 1.4. Definitions. In this Agreement, unless the context otherwise requires, the terms below have the following meanings:
a. "Additional Insured(s)" has the meaning set forth in Section 5.1 of this Agreement. b. "Additional City Approvals" means all ministerial and discretionary permits, licenses, or other similar entitlements, including any modifications or amendments thereto that must be secured by the Developer from the City in order to develop the Project on the Site, in addition to the Conditional Use Permit and the Business Regulatory Permit. c. "Agreement" means this Development Agreement and all Exhibits attached hereto. d. "Annual Community Benefits Fees" has the meaning set forth in Section 4.2(b) of this Agreement.

Exhibit 2
2515

e. "AUMA" has the meaning as set forth in the Recitals, above. f. "Business Day" means any day except for Saturday, Sunday, any holiday that is observed by the City, or day that the City is not closed for business. g. "Business Regulatory Permit" means the business regulatory pelniit, as required in Bell Gardens Municipal Code Chapter 5.12 required for Cannabis Retail Activity issued by the Chief of Police, which can only be issued upon City approval of a Conditional Use Peln it, State Cannabis License, and Additional City Approvals for each proposed Cannabis Retail. Activity project.
h. "California Building Standards Codes" means the California Building, Mechanical, Plumbing, Electrical, Fire or other similar codes set forth in Title 24 of the California Code of Regulations, as may be adopted by the City, with amendments, and set forth in the Be11 Gardens Municipal Code.
i. "California Cannabis Laws" means AUMA, MAUCRSA, CUA, MMP, and the regulations adopted and promulgated by the State Licensing Authorities pursuant to such laws, as such laws and regulations may be amended from time to time. j. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code. Cannabis and the term "marijuana" may be used interchangeably.
k. "Cannabis Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cannabis cultivation, as defined herein, does not include the personal cultivation at a private residence of up to six (6) plants as authorized under state law for personal use.

1. "Cannabis Distribution" means the procurement, sale, and transport of cannabis and/or cannabis products between those persons with requisite state and local government licenses to conduct permissible Commercial Cannabis Activities.
m. "Cannabis Manufacturing" means the compounding, blending, extracting, infusing, packaging, label or otherwise making or preparing a cannabis product. n. "Cannabis Product" means cannabis and such products that are intended for use on, or consumption by, an animal. Cannabis products are not considered food as defined in Health and Safety Code Section 109935, a drug as defined in Health and Safety Code Section 109925, or a cosmetic as defined in Health and Safety Code Section 109900. o. "Cannabis Retail Activities" means the retail sale and delivery of cannabis or cannabis products to customers. Delivery of cannabis and cannabis products shall also include the use of a Exhibit 2 fi16

technology platform by a cannabis retailer to conduct the commercial transfer of cannabis and cannabis products.
p. "CEQA" means the California Environmental Quality Act, as set forth in Division 1.3 (Commencing with Section 21000) of the California Public Resources Code, and the CEQA Guidelines as set forth in Title 14 (Commencing with Section 15000) of the California Code of Regulations.
q. "City" means the City of Bell Gardens, a municipal corporation and general law city. r. "City Council" means the City of Be11 Gardens City Council. s. "City Development Agreement Procedures" has the meaning set forth in the Recitals, above.
t. "City Manager" means the City Manager of the City of Bell Gardens, or his or her designee(s).
u. "Community Benefits" has the meaning set forth in Section 4.1 of this Agreement. v. "Community Benefits Fund" has the meaning set forth in Section 4.2(c) of this Agreement.
w. "Complaining Party" has the meaning set forth in Section 8.2 of this Agreement. x. "Conditional Use Permit" means a conditional use permit and associated conditions of approval as set forth in Exhibit "F" and incorporated by reference herein, issued by the City to Developer pertaining to Developer's development of the Project, pursuant to Bell. Gardens Municipal Code Chapter 9.20 (Special Uses and Applicable Standards) and Section 9.20.160 (Cannabis Retail -Conditional Use).
y. "Cost Recovery Fees" has the meaning set forth in Section 4.3 of this Agreement. z. "CUA" has the meaning set forth in the Recitals, above. aa. "Days" shall mean calendar days unless otherwise noted. If a calendar day falls on Saturday, Sunday, holiday observed by the City or day in which the City is otherwise closed for City business, the final day shall be the next Business Day. bb. "Defaulting Party" has the meaning set forth in Section 8.2 of this Agreement. cc. "Developer" means STIIIZY Bell Gardens, LLC, which shall reflect the owner or owners listed on the application for Business Regulatory Permit, or any transferee who has been assigned the rights, title, duties, obligations and interests of this Agreement pursuant to Section

9.1. dd. "Development Agreement Statute" has the meaning set forth in the Recitals, above. ee. "Development Agreement Procedures" has the same meaning as set forth in the Recitals, above.
ff. "Effective Date" has the meaning set forth in Section 1.7 of this Agreement.

Exhibit 2 2717

gg. "Exhibits" has the meaning set forth in Section 1.3 of this Agreement. hh. "Force Majeure" means one or more of the following events: governmental regulations, environmental controls, zoning restrictions, eminent domain proceedings, energy blackouts, war, civil commotions, acts of terrorism, fires, earthquakes, floods, acts of God or other casualty events, strikes, lockouts, unavailability of material or labor, acts of third parties, or similar causes or material interference with Developer's ability to perform its contractual obligations pursuant to this Agreement beyond the reasonable control of Developer. ii. "Gross Receipts" means total revenue received or receivable by the Developer or other occupant on the Site from any Commercial Cannabis Activity on the Site or from operation of the Project on the Site, including: all sales; the total amount of compensation received or receivable for the perfoilliance of any act or service, of whatever nature it may be, for which a charge is made or credit whether or not such act or service is done as part of or in connection with the sale of materials, goods, wares, or merchandise; and gains realized from trading in stocks or bonds, interest discounts, rents, royalties, fees, commissions, dividends, or other remunerations, however designated. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, except that the following shall be excluded therefrom:

1. Cash discounts allowed and taken on Commercial Cannabis Activity sale;

4. Such part of the sale price of property returned by purchasers in any Cannabis Retail Activity upon rescission of a contract of sale as is refunded either in cash or by credit;

5. Receipts of refundable deposits in any Cannabis Retail Activity, except that such deposits when forfeited and taken into income of the business shall not be excluded; The intent of this definition is to ensure that in calculating the payments required under Article 4 of this Agreement, all sales related to Cannabis Retail. Activity or any other Cannabis and Cannabis Products at the Site or through the Project are captured as Gross Receipts. This definition shall therefore be given the broadest possible interpretation consistent with this intent. jj. "Project" has the meaning as set forth in the Recitals, above. kk. "Property Owner" has the meaning as set forth in introductory paragraph to this Agreement, above.

11. "Marijuana" has the same meaning as Cannabis as defined above, and those terms may be used interchangeably.

Exhibit 2 2318

mm. "MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act, (Bus. and Prof. Code § 26000 et seq.), as may be amended from time to time, and as additionally set forth in the Recitals, above.
nn. "MCRSA" has the meaning set forth in the Recitals, above. oo. "Mortgage" has the meaning set forth in Section 6.1 of this Agreement. pp. "Non -Payment Penalty" has the meaning set forth in Section 4.7 of this Agreement. qq. "Notice of Non -Payment Penalty" has the meaning set forth in Section 4.7 of this Agreement.
rr. "Planning Commission" means the City of Bell Gardens Planning Commission as described in Bell Gardens Municipal Code Chapter 2.24.
ss. "Project" has the meaning set forth in the Recitals, above. tt. "Quarterly Report" has the meaning set forth in Section 4.6 of this Agreement. uu. "Site" has the meaning as set forth in the Recitals, above. vv. "Site Plan" means site plan that satisfies the requirements set forth in Bell Gardens Municipal Code Section 9.50.020; floor plans; and elevations, inclusive of proposed signage and facade improvements.
ww. "State Cannabis License(s)" means license(s) to conduct Cannabis Retail. Activities issued by a State Licensing Authority to Developer for the Development of the Project on the Site. xx. "State Licensing Authority" means the state agency responsible for the issuance, renewal, or reinstatement of State Cannabis Licenses, or the state agency authorized to take disciplinary action against a business licensed under the California Cannabis Laws. yy. "Tenn" has the meaning set forth in Section 1.8 of this Agreement.

Section 1.6. Applicability of the Agreement. This Agreement does not: (1) grant height, density, intensity or grant uses of that than is otherwise established in the Bell Gardens Municipal Code and Conditional Use Permit; (2) eliminate the need for Additional City Approvals relating to the Project submitted by Developer after the Effective Date of this Agreement; (3) guarantee that Developer will receive any profits from the Project; (4) prohibit the Project's participation in any benefit assessment district that may be generally applicable to surrounding properties; (5) amend the City's General Plan; or (6) amend the Bell Gardens Municipal Code.

Section 1.7. Effective Date of Agreement. This Agreement shall become effective (the "Effective Date") upon the date when all of the following conditions have been satisfied: (i) thirty (30) days have elapsed since the City ordinance authorizing this Agreement is approved in accordance with state law; (ii) this Agreement has been fully executed by all Parties; and (iii) the Exhibit 2 PI

evidence of insurance coverage in favor of the City has been provided to the City as set forth in Article 5 of this Agreement.

Section 1.8. Term.
a. The teitii of this Agreement (the "Term") shall be five (5) years commencing from the Effective Date.
b. This Agreement may be extended upon the conclusion of such initial five-year period for up to a five-year extension term not to exceed a total of ten (10) years, inclusive of the initial five-year terns. Any extension shall be at the sole and absolute discretion of the City, provided that the Developer submits written notice of its desire to so extend this Agreement no less than one hundred eighty (180) days before the expiration of the initial five-year period or any following five-year extension term. The City Manager shall approve the extension in writing no later than ninety (90) days prior to the expiration of the initial five-year period subject to the following conditions: Developer understands and acknowledges the Term of this Agreement may only be extended if Developer is in compliance with the terms and conditions of California Cannabis Laws, this Agreement, the Conditional Use Permit, Additional City Approvals if any, the Business Regulatory Permit, the Bell Gardens Municipal Code, and State Cannabis License(s) and related rules and regulations at the time the written notice is submitted. Under no circumstances will the City extend the Term of this Agreement if the Developer has been issued written notice of default pursuant to Section 8.2 that has not yet been cured. The City Manager may, in its sole and absolute discretion, may approve a term extension of less than five (5) years so long as the total number of years, inclusive of the initial five-year terms and extensions, does not exceed a total of ten (10) years. The Parties agree that in the event Resolution No. 2023-043 is amended or revised to allow that the total Term exceed ten (10) years, the Parties may, by mutual agreement, further extend the Term of this Agreement to the extent permitted pursuant to Resolution No. 2023-043, as provided in Section 1.10. c. Nothing in this Section 1.8 shall prohibit or otherwise restrict the termination of this Agreement in accordance with Section 1.9.

Official and shall not exceed one (1) year so long as Developer provides notice to the City within fifteen (15) business days of the interruption of operations. This notice shall include the reason for the temporary cease in operations and Developer's estimated timeline for reopening;
d. mutual written consent of the Parties;
e. abandonment of Developer's Conditional Use Permit applicable to the Project, or the failure of the Developer to commence operation of the Project on the Site within twelve (12) months following the issuance of a building peimit, certificate of occupancy, temporary certificate of occupancy or similar document pursuant to Bell. Gardens Municipal Code Section 5.64.040(K);
revocation of Developer's Conditional Use Permit due to a failure to abide by its conditions of approval (Exhibit "F"), incorporated by reference herein, pursuant to the process provided in Bell Gardens Municipal Code Section 9.62.010; g.
revocation of Developer's Business Regulatory Permit for the Project, pursuant to Bell Gardens Municipal Code Sections 5.64.050 and 5.12.100, if not appealed by the Developer;
h. City Council upholding of the revocation of Developer's Business Regulatory Permit for the Project, if an initial revocation finding by the Chief of Police is appealed to the City Council by Developer;
i. unauthorized assignment of interest of the Developer in the Project or in the Site pursuant to Section 9.1 of this Agreement;
J•
as set forth in Sections 8.5 and 8.6 of this Agreement; k. upon the occurrence of the entry of a final judgment or issuance of an order of a court with jurisdiction which such judgment or order directs the City to cancel this Agreement, after all appeals have been exhausted, as a result of any lawsuit filed against City to set aside, withdraw or abrogate the approval of the City Council of this Agreement, whereupon such termination, the Parties shall be mutually released from any further liability except as provided in Section 1.12, below.

Section 1.12. Survival of Certain Terms. The rights and obligations of the Parties which arise under Sections 1.11, 5.5, 5.6, 5.7, 5.8, 9.2, 9.3, 9.4, and 9.6 of this Agreement and any right or obligation of the Parties in this Agreement, which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination.

Exhibit 2
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ARTICLE 2

DEVELOPMENT OF THE PROPERTY
Section 2.1. Right to Develop. During the Term of this Agreement, Developer shall have the right to develop the Project on the Site, consistent with terms and conditions of California Cannabis Laws, this Agreement, the Conditional. Use Permit, Additional City Approvals if any, the Business Regulatory Peuuit, the Bell Gardens Municipal Code, and State Cannabis License(s).

Section 2.2. Permitted Uses and Operational Requirements. During the Term, Developer shall be permitted to develop, construct, and use the Site to carry out the Project, including for Cannabis Retail Activities, consistent with California Cannabis Laws, this Agreement, the Conditional Use Permit, Additional City Approvals, the Business Regulatory Permit, the Bell. Gardens Municipal Code, and State Cannabis Licenses. Other commercial cannabis activities, including but not limited to Cannabis Cultivation, Cannabis Manufacturing, Cannabis Testing, and Cannabis Distribution are strictly prohibited. Further, subject to any limitations or prohibitions under state law, Developer shall reimburse the City within thirty (30) days following the receipt of a suitable detailed written invoice from the City for any and all of the City's costs related to any emergency services response of the City to the Site (e.g., police and/or fire services) resulting from the Developer's intentional neglect or violation of any Conditional Use Permit Condition or Business Regulatory Permit.

Section 2.3. Additional Entitlements, Approvals, and Permits. Successful. implementation of the Project may require the Developer to obtain additional approvals and permits from City and other local and state agencies ("Additional. City Approvals"). In connection with the consideration and issuance of any such Additional City Approval which is not ministerial in nature, the City reserves its discretion under the police power to approve, conditionally approve, or deny the issuance of each City Additional Approval. City shall comply with CEQA in the administration of all Additional City Approvals.

Section 2.4. Conditional Use Permit. Pursuant to Bell Gardens Municipal Code Chapter 9.20 and Section 9.20.160, Developer has obtained the necessary approvals pending the approval of this Agreement, to engage in Cannabis Retail Activities pertaining to the Project on the Site through the issuance of a Conditional Use Permit. Developer and Property Owner shall adhere to all of the conditions of approval set forth in Conditional Use Pelniit No. incorporated by reference herein (Exhibit "F"). Failure to comply with such conditions of approval shall constitute a breach of this Agreement.

Section 2.5. Business Regulatory Permit. Pursuant to Bell Gardens Municipal Code Section 5.64.020(B), Developer shall not engage in Cannabis Retail Activities at the Site without first obtaining a Business Regulatory Permit in accordance with Section 5.64.030 of the Bell Gardens Municipal Code.

Section 2.6. State Cannabis Licenses. Pursuant to California Cannabis Laws and Bell.

Gardens Municipal Code Section 5.64.030(C), Developer shall not engage in the peiuiitted uses set forth above pertaining to the Project on the Site without first obtaining State Cannabis Licenses to conduct Cannabis Retail Activities on the Site.

Bell Gardens Municipal Code, video surveillance, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professional monitored alarm system. a. Video surveillance shall include, at a minimum, all site and facility entrances; all. spaces accessible by the public, including points of sale; cash storage areas; and other areas necessary to protect the safety of employees and the public to ensure that Cannabis and Cannabis Products are received, handled, stored and sold in compliance with California's Cannabis Laws, the Bell Gardens Municipal Code, the Conditional Use Permit and other applicable conditions as may be imposed by the City or any other local or state regulatory authority. b. Third -party security guards shall be properly trained and licensed by the Department of Consumer Affairs. Security may be armed so long as property licensing and insurance requirements are followed and met by the third -party operator providing such security services and such documentation is provided to the City in accordance with Section 9.2.

ARTICLE 3

Section 3.2. Rules on Design and Construction. Unless otherwise provided in this Agreement, the ordinances, resolutions, rules, regulations, and official policies governing the design, improvement, and construction standards and specifications applicable to the Project shall be those in force and effect at the time of the City's approval of this Agreement for the operation of the Project at the Site.

regulations. Upon a Party's discovery of a subsequently enacted federal or state law meeting the requirements of this Section, such Party shall provide the other Parties with written notice of the state or federal law or regulation, and a written statement of the conflicts thereby raised with the provisions of the Bell Gardens Municipal Code or this Agreement. Promptly thereafter, the Parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulation provided City shall not be obligated to agree to any modification materially increasing its obligations or materially adversely affecting its rights and benefits hereunder. In such discussions, the Parties shall attempt to preserve the terms of this Agreement and the rights of Developer derived from this Agreement to the maximum feasible extent while resolving the conflict. If City, in its judgment, determines it necessary to modify this Agreement to address such conflict, City shall have the right and responsibility to do so, and shall not have any liability to Developer for doing so or be considered in breach or default of this Agreement. City also agrees to process, in accordance with the provisions of this Agreement, Developer's proposed changes to the Project that are necessary to comply with such federal or state law and that such proposed changes shall be conclusively deemed to be consistent with this Agreement without further need for any amendment to this Agreement, pursuant to Section 1.10.

Section 3.6. Reservation of Authority. Any other provision of this Agreement to the contrary notwithstanding, the development and operation of the Project shall be subject to new or modified ordinances, resolutions, rules, regulations, and official policies which may take effect following the Effective Date related to the following:
a. Cost Recovery Fees imposed on the Developer by the City, which are charged by the City to cover its actual and reasonable expenses incurred in processing permits, licenses, and other entitlements, and inquiries and requests made by Developer or Property Owner, related to the Project, administering its cannabis -related ordinance with regard to the Project, and monitoring legal compliance of the Project on the Site, including, but not limited to compliance with the Conditional Use Permit, Business Regulatory Permit, building and safety -related inspections by the City and financial audits and shall include staff time, legal fees, and consultant fees; b. Procedural regulations related to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and other similar procedural matters, including but not limited to procedures to revoke or te,,r,inate any interest or rights associated with the Project; and
c. Regulations, including, but not limited to, the California Building Standards Codes, necessary to protect the public health and safety so long as such regulations are generally applicable and do not impose a severe and significant financial burden on the Developer or materially delay the development or carrying out of the Project as contemplated in this Agreement.

Exhibit 2
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ARTICLE 4

COMMUNITY BENEFITS, COST RECOVERY, RECORDKEEPING, REPORTING,

AND PROCESSING
Section 4.1. Intent. The Parties acknowledge and agree that this Agreement confers substantial private benefits on the Developer that will place burdens on City infrastructure, services, and neighborhoods and that the private benefits provided to the developer should be balanced with commensurate with "Annual. Community Benefits Fees" and "Quarterly Community Benefits Fees" for the community (collectively, "Community Benefits").

Public benefits for youth and educational programming shall be dedicated to the City's Recreational Department and be utilized for but not limited to youth programming, after -school programs, sports programming, personal enrichment classes or capital improvements on City -owned properties.

Public benefits for the City's housing programs shall be dedicated toward the Community Development Department and shall be utilized for housing programming and long-range planning, including but not limited to affordable housing, rent stabilization and tenant protection efforts and other planning efforts.

Exhibit 2
��5

b. Monitoring Fees. Monitoring fees shall include the direct and indirect costs that the City incurs in inspecting, monitoring, investigating, and conducting compliance and enforcement actions for the purpose of confirming that the Project is in accordance with the terms of this Agreement, conditions of approval associated with the Conditional Use Permit, the operating procedures set forth in Chapter 5.64 of the Be11 Gardens Municipal Code and Business Regulatory Permit, the Bell Gardens Municipal Code, and California Cannabis Laws.
c. Billing and Payment. The City shall submit an invoice to Developer for Cost Recovery Fees on or before the fifth day of each month following the Effective Date of this Agreement. Owner shall pay the invoice within thirty (30) days of the date of the invoice issuance. Failure to timely pay Cost Recovery Fees shall be subject to the penalties and interest set forth in Sections 4.7 and 4.8 of this Agreement.

If any time during the term such books and records prove inadequate in the reasonable judgement of City to record the Gross Receipts from Project operations as required herein, Developer shall, upon written request by the City, procure and maintain such books and records as shall be the character and from adequate for such purpose. City shall have the right to audit and examine such books, records, and documents at any time upon reasonable request by the City, to the extent necessary for proper determination of Gross Receipt from Project operations, and all such books, records, documents, and other items shall be held available for such audit and examination.

Section 4.7. Non -Payment Penalty. If Developer fails to make a timely payment concerning Community Benefits Fees or Cost Recovery Fees, as required by this Agreement, the City may impose a "Non -Payment Penalty." A Non -Payment Penalty of one percent (1%) shall be applied to all past due Community Benefits Fees or Cost Recovery Fees. The City shall deliver to Developer a "Notice of Non -Payment Penalty." Payment of the past due Community Benefits or Exhibit 2
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Costs Recovery Fees, as applicable, and Non -Payment Penalty shall be in a single installment due on or before a date fifteen (15) days following delivery of the Notice of Non -Payment Penalty.

Section 4.9. Recordkeeping. Records for Community Benefit Fees shall be maintained in accordance with California Cannabis Laws.

1.10 of this Agreement.

ARTICLE 5

Section 5.2. Commercial Property Insurance. Developer shall maintain commercial property insurance with coverage in an amount not less than One Million Dollars ($1,000,000)per occurrence, and Two Million Dollars ($2,000,000) general aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Such insurance policy shall name the City and City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives as "Additional Insureds" by endorsement with respect to the performance of this Agreement and shall include either a severability of interest clause or cross - liability endorsement and other customary and reasonable endorsements and provisions approved by the City's risk manager.

Section 5.3. Workers' Compensation Insurance. Developer shall maintain workers' compensation insurance for all its employees employed at or on the Project. Developer shall require each contractor and subcontractor working at or on the Project to provide workers' compensation insurance for its respective employees. Developer indemnification of City set forth in Section 5.5 of this Agreement shall apply to Developer's failure to maintain any such insurance.

Section 5.4. Evidence of Insurance. Evidence of the insurance in favor of the City required under Section 5.1 shall be provided to the City's Risk Manager as of the Effective Date.

Exhibit 2
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Thereafter, no Business Regulatory Permit for the Project shall be valid unless and until. Developer furnishes satisfactory evidence of the other insurance required in Article 5 of this Agreement.

Current certification of insurance shall be kept on file with the City for the contract period and any additional length of time required thereafter. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. In each case, the evidence of insurance provided to the City shall include satisfactory evidence that the insurance carrier shall give the City at least fifteen (15) days' prior notice of the cancellation or reduction in coverage of each policy of insurance required in Article 5 of this Agreement.

Developer Initials Property Owner Initials
Section 5.6. Cooperation in Event of Legal Challenge. Developer and Property Owner shall defend and indemnify the City and the City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives from any claim, action, liability, or proceeding that seeks to attack, set aside, void, or annul the Project or any of the proceedings, acts, or deteiuiinations taken, done, or made as a result of the City's processing and approval of the Project. Developer and Property Owner's obligation to defend and indemnify the City hereunder shall apply to any lawsuit or challenge alleging failure to comply with the requirements of any federal, state, or local law, including, but not limited to, general plan and zoning requirements and the CEQA. Developer and Property Owner's obligations under this Section 5.6 shall include, but not be limited to, payment of all court costs and attorneys' fees, all litigation -related costs, all costs of judgments and awards against the City, and all settlement costs, which arise out of the City's processing and approval of the Project. The City shall notify the Developer and Property Owner promptly of any claim, action, or proceeding and reasonably cooperate in the defense. Upon receipt of such notification, the Developer and Property Owner shall assume the defense of the claim, action, or proceeding, including the employment of counsel satisfactory to the City, which approval shall not be unreasonably withheld. In the event of a disagreement between the Parties over litigation issues, the City shall have the authority to control the litigation and make litigation decisions for the City, including, but not limited to, settlement, or other disposition of the matter. If the City reasonably determines that having common counsel would create a conflict of interest between itself and Developer and/or Property Owner, then the City may hire counsel for its own defense, and Developer and Property Owner shall jointly and severally pay the City the reasonable attorneys and costs of such counsel within thirty (30) days after receiving an itemized invoice from the City. Developer and Property Owner shall further pay for all costs and fees related to any additional investigation or study, or for supplementing or revising any document, including, without limitation, environmental documents for the Project.

Exhibit 2
��8

Section 5.7. Failure to Indemnify. The failure of Developer or Property Owner to indemnify the City, as required by this Agreement, shall constitute a material breach of this Agreement and of any applicable Conditional Use Permit, Business Regulatory Permit, and Additional City Approvals, which shall entitle the City to all remedies available under law, including, but not limited to, specific performance and damages. Failure to indemnify shall constitute grounds upon which the City may rescind its approval of any entitlement, peiuiit, or license related to the Project, or any portion thereof, and a waiver of Developer or Property Owner's right to file a claim, action, or proceeding against the City and City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives based upon the City's rescission or revocation of any applicable Conditional Use Permit, Business Regulatory Permit, and Additional City Approvals, or City's failure to defend any claim, action, or proceeding based upon Developer or Property Owner's failure to indemnify the City.

Section 5.9. Initiative Measures/Moratoria. The Parties intend this Agreement to be a legally binding contract which shall be exempt from any initiative measure or land use moratorium affecting the consideration and approval of parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use approved, issued or granted within the City. This Agreement shall apply to the Project to the extent such initiative measure or municipal moratorium or other limitation is inconsistent or in conflict with this Agreement. Should an initiative measure or moratorium or other limitation be enacted by the citizens of City which would preclude construction of all or any part of the Project, and to the extent such initiative, measure, moratorium, referendum, statute, ordinance, or other limitation be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Agreement, neither Developer nor Property Owner shall have recourse against City pursuant to this Agreement for damages. The foregoing shall not be deemed to limit right of Developer or Property Owner to appeal any such determination that such initiative measure, moratorium, or other limitation invalidates or prevails over all or any part of this Agreement. The City agrees to cooperate with Developer or Property Owner in all reasonable manners in order to keep this Agreement in full force and effect, provided that Developer or Property Owner shall, jointly and severally, be obligated to reimburse the City for its actual and reasonable expenses incurred directly in connection with such cooperation and the City shall not be obligated to institute a lawsuit or other court proceedings in such cooperation.

Exhibit 2
i29

Section 5.10. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy.

ARTICLE 6

MORTGAGEE PROTECTION
Section 6.1. Mortgagee Protection. This Agreement, once executed and recorded, shall. be superior and senior to any lien placed upon the Site and any portion thereof following recordation of this Agreement, including the lien of any deed of trust or mortgage ("Mortgage").

Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value.

ARTICLE 7

ANNUAL REVIEW
Section 7.1. Annual Review. During the Teiiu of this Agreement, the City shall annually review Developer's good faith compliance with this Agreement. This periodic review shall be limited in scope to good faith compliance with the provisions of this Agreement, Conditional Use Permit and its associated conditions of approval, Business Regulatory Permit, California Cannabis Laws, the Bell Gardens Municipal Code and related statues and regulations.

Developer shall bear the burden of demonstrating good faith compliance with the foregoing requirements.

Section 7.2. Timing of Annual Review. No later than thirty (30) days prior to the yearly anniversary of the Effective Date of this Agreement, Developer shall submit to the Community Development Director evidence of compliance pursuant to Section 7.1, above. The City reserves the right to request additional infolniation necessary to demonstrate Developer's good faith compliance. The Community Development Director or his or her designee shall report to the Planning Commission its determination of compliance through the submission of a staff report with a determination as to the Developer's compliance, to be considered at a future Planning Commission hearing. If the Community Development Director determines that Developer is in Default pursuant to Section 8.1, the City shall follow the procedures provided pursuant to Article

8. Section 7.3. Staff Reports. To the extent practical, the City shall deliver to the Developer a copy of all staff reports and related exhibits concerning the Developer's performance under the Agreement within three (3) Business Days preceding Planning Commission review.

ARTICLE 8

Exhibit 2
ig0

Section 8.4. Failure to Cure Default Procedures. If after the cure period has elapsed, the City Manager finds and determines that Developer remains in default and that the City intends to teluunate or modify this Agreement, the Community Development Director shall make a report to the Planning Commission and then set a public hearing in accordance with the local and state notice and hearing requirements. If after public hearing, the Planning Commission finds and determines, on the basis of substantial evidence that Developer remains in default and that the City intends to teluunate or modify this Agreement, the Developer shall be entitled to appeal that to the City Council.

Section 8.5. Appeals to City Council. If Developer wishes to appeal the Planning Commission's determination pursuant to Section 8.4, such appeal shall be taken within fourteen (14) days after notice of the determination is effectuated pursuant to Section 9.2 of this Agreement.

Exhibit 2
��1

Section 8.7. Estoppel Certificates.
a. City shall, upon not less than thirty (30) days prior written notice, execute, acknowledge, and deliver to Developer, Developer's lender, potential investors, or assignees an estoppel certificate in writing which certifies that this Agreement is in full force and effect, that there are no breaches or defaults under the Agreement except as described in such estoppel certificate, and that the Agreement has not been modified or terminated and is enforceable in accordance with its terms and conditions. b. The City may recover its actual and reasonable costs and attorneys' fees in connection with the timely dealing of any such estoppel certificate. City shall provide Developer with a written invoice of such costs to be paid by Developer within thirty (30) days of issuance.

ARTICLE 9

ADDITIONAL GENERAL/MISCELLANEOUS PROVISIONS
Section 9.1. Assignment.
a. City Council. Approval. Required. Developer shall not have the right to sell, assign, or transfer all or any part of its rights, title, duties, obligations, and interests in all or a portion of Site, or Project, subject to or a part of this Agreement, to any individual, film, corporation, partnership, or entity during the Tenn of this Agreement without the advance approval by the City Council through a majority vote. This assignment prohibition also applies to the corporate and business entities of Developer that are a Party to this Agreement. Developer shall initiate a request for the sale, assignment, or transfer of the rights, title, duties, obligations and interests in the Site or Project that is part of this Agreement by submitting a written request to the City Manager. The proposed transferee must provide evidence and any other documents required by the City to evidence compliance with California Cannabis Laws, the Be11 Gardens Municipal Code and their related statutes and regulations and any other information deemed necessary to effectuate the transfer.
b. Escrow Account. When making a written request to City Manager for the assignment of rights pursuant to this Agreement, Developer shall open an escrow account and deposit an amount of five thousand dollars ($5,000) into the escrow account. If the direct and indirect costs of staff time, consultant fees, legal fees and other costs exceed the deposited amount prior to a City Council vote pursuant to subsection (a) above, the City reserves the right to require Developer to deposit an additional five thousand dollars ($5,000) into the escrow account to cover direct and indirect costs. Any unused fees remaining in the escrow account following the City Council vote shall be returned to Developer no later than thirty (30) days after the City Council action. c. Renegotiation of Community Benefits. The City reserves the right to renegotiate Community Benefits with the proposed transferee pursuant to Article 4. d. Effectuation of Assignment. Any sale, assignment, or transfer of the rights, obligations, or interests in this Agreement shall only be effective upon the issuance of a Business Regulatory Peiiliit to the party to whom such sale, assignment, or transfer is made as required by Chapter 5.12 and Section 5.64.020 of the Bell Gardens Municipal Code.

Any assignment or transfer prohibited by this Agreement will be considered an Exhibit 2
��2

immediate material breach of this Agreement and City may elect to immediately terminate this Agreement.
e. Assumption of Obligations. Upon the effectuation of an assignment pursuant to subsection (d) above, the transferee shall expressly and unconditionally assume all rights and obligations of the Developer pursuant to this Agreement.

Section 9.3.

DEVELOPER:

STIIIZY Bell Gardens, LLC
2001 S. Alameda St.

Los Angeles, CA 90058
Attn: Tak Sato
(310) 488-5707
[email protected]
PROPERTY OWNER:

The R&M Pandey 2020 Family Trust
Ram Pandey & Monika Pandey
18051 Pointe Arguello Pl.

Cerritos, CA 90703
CITY:

City of Bell Gardens
7100 Garfield Ave.

Bell Gardens, California 90201
Attn: Michael B. O'Kelly, City Manager
(562) 806-7702
[email protected]
CITY ATTORNEY:

Olivarez Madruga Law Organization, LLP
500 South Grand Ave, 12th Floor
Los Angeles, CA 90071
Attn: Stephanie Vasquez
(213) 744-0099
[email protected]
Section 9.4. Governing Law and Venue. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 9.5. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any teiili or provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any telui or provision of this Agreement is rendered invalid or Exhibit 2
iii

unenforceable according to the terms of any federal or state statute, any provisions that are not invalid or unenforceable shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement. The Parties expressly agree that each Party is strictly prohibited from failing to perform any and all obligations under this Agreement on the basis that this Agreement is invalid, unenforceable, or illegal. By entering into this Agreement, each Party disclaims any right to tender an affirmative defense in any arbitration or court of competent jurisdiction, that performance under this Agreement is not required because the Agreement is invalid, unenforceable, or illegal.

Section 9.6. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the teimrs, requirements, and provisions of this Agreement.

Section 9.7. Joint and Several Liability. Developer and Property Owner shall be jointly and severally liable for all obligations imposed on either or both under this Agreement, including but not limited to any amount due under this Agreement pursuant to Section 1.11.

Section 9.8. Waiver. A waiver by any Party of any breach of any term, covenant, or condition herein contained or a waiver of any right or remedy of such. Party available hereunder, at law or in equity, shall not be deemed to be a waiver of any subsequent breach of the same or any other teiIn, covenant, or condition herein contained or of any continued or subsequent right to the same right or remedy. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.

Section 9.9. Integration. This Agreement, together with its specific references, attachments, and Exhibits, constitutes all of the agreements, understandings, representations, conditions, warranties, and covenants made by and between the Parties hereto. Unless set forth herein, no Party to this Agreement shall be liable for any representations made, express or implied.

Section 9.10. Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement.

Section 9.11. Mandatory and Permissive. "Shall" and "will" and "agrees" are mandatory. "May" or "can" are permissive.

Section 9.12. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Section 9.13. Other Documents. The Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and, to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.

Exhibit 2
��4

Section 9.14. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, no Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

Section 9.15. Advice of Legal Counsel. Each. Party acknowledges that it has had an opportunity to review this Agreement with its own legal counsel and, based upon the advice of that counsel, freely entered into this Agreement.

Section 9.16. No Third -Party Beneficiaries. This Agreement and all provisions hereof are made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have a right of action based upon any provision in this Agreement.

Section 9.17. Public Agency Coordination. The Parties shall cooperate and use reasonable efforts in coordinating the implementation of the Project with other public agencies, if any, having jurisdiction over the Site or the Project.

Section 9.18. Restrictions. Property Owner shall place in any agreements to sell or convey any interest in the Site or any portion thereof, a provision making the terms of this Agreement binding on any successors in interest of Property Owner.

Section 9.19. Attorneys' Fees and Costs. Unless otherwise provided in this Agreement, if any action at law or in equity, including action for declaratory relief, is brought by a Party to enforce or interpret provisions of this Agreement, the prevailing Party in such action shall be entitled to recover its reasonable attorneys' fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

Section 9.20. Environmental Remediation and Testing. The Parties acknowledge that various environmental remediation and testing activities may be required on the Site and on lands adjacent to the Site. The Parties shall consult with responsible public agencies, as appropriate, in connection with such environmental remediation and testing activities. Developer and Property Owner shall ensure that the development or operation of the Project shall not unreasonably interfere with any such remediation and testing activities.

Section 9.21. Calculation of Time Period. All time referenced in this Agreement shall be calendar days, unless the last day falls on a legal holiday, Saturday, or Sunday, in which case the last day shall be the next business day.

Section 9.22. Recordation of Development Agreement. The City Clerk shall cause a copy of this Agreement to be recorded against title of the Site in accordance with state law. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Exhibit 2
ig5

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as evidenced by the signatures of the authorized officers of each of them which appear below.

CITY DEVELOPER
City of Bell Gardens, a municipal STIIIZY Bell Gardens, LLC corporation [Notarized Signature Required]
By: By:

Michael B. O'Kelly
Bell Gardens City Manager Name:

Date: Title:

Date:

Approved as to Form
By:

Stephanie Vasquez
City Attorney
Date:

PROPERTY OWNER
The R&M Pandey Family Trust
[Notarized Signature Required]
By:

Name:

Title:

Date:

Exhibit 2
��6

EXHIBIT "A"

LEGAL DESCRIPTION OF SITE
Exhibit 2
��7

EXHIBIT "B"

SITE PLAN
Exhibit 2
§8

EXHIBIT "C"

FLOOR PLAN
Exhibit 2
i99

EXHIBIT "D"

PROPERTY OWNER'S CONSENT AGREEMENT
Exhibit 2

EXHIBIT "E"

SECURITY PLAN
Exhibit 2
��1

CONFIDENTIAL
A copy of the Security Plan is on file with the Bell Gardens Police and Community Development Department
Exhibit 2
Z2

EXHIBIT "F"

CONDITIONS OF APPROVAL
Exhibit 2
Z�3

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 9.

TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Gustavo Romo, Deputy City Manager/Community Development Director

CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN AND ASSOCIATES, INC. FOR THE PREPARATION OF ATRANSIT ORIENTED

COMMUNITY SPECIFIC PLAN AND ZONING CODE UPDATE
DATE: August 12, 2024
RECOMMENDATION:

BACKGROUND/DISCUSSION:

On March 9, 2023, the California Department of Transportation (Caltrans) announced the Sustainable Transportation Planning Grant Program awards for Fiscal Year (FY) 2023-24. The State -funded Sustainable Communities grants ($29.5 million) are intended to support and implement the Regional Transportation Plan (RTP) Sustainable Communities Strategies/Alternative Planning Strategies (SCS/APS) (where applicable) and to ultimately achieve the State's greenhouse gas (GHG) reduction target of 40% and 80% below 1990 levels by 2030 and 2050, respectively.

On December 11, 2023, the Bell Gardens City Council adopted a resolution authorizing acceptance of Caltrans funding to assist in the development of a Transit Oriented Community Specific Plan to address mobility and connectivity.

The City was awarded $355,450 through the Caltrans Sustainable Communities Grants program to be used for projects towards the completion of the Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update (BG-TOC/ZCU) for a convenient, safe, and sustainable transportation network in the City which serves users of all modes including walking, biking, rolling, riding transit, and driving, balanced together with increased density. This update would align with Caltrans' goals to identify and address transportation, housing, and land use adaptation coordination and contribute to shifts in land use towards sustainability, equity, contribution to the state's GHG reduction targets, connectivity, and active transportation ridership.

To address the City's needs for linking local vision with regional requirements, the BG-TOC/ZCU Request for Proposals (RFP) was released from April 25, 2024, through May 28, 2024. The RFP requested a scope of services proposal to prepare a transit -oriented specific plan for the City to address critical gaps in housing, transit accessibility, active transportation access, safe routes to schools, parks, and employment centers, while improving regional connectivity into nearby communities.

The proposed professional services agreement would be one hundred percent (100%) funded by the Caltrans grant, 244

with a local match of a cash -in -kind amount of $46,056 in staff time. No budget appropriations would be necessary.

EVALUATION OF CONSULTANT PROPOSALS
Kimley-Horn and Associates, Inc. (Kimley-Horn) is being recommended to develop the plan based on subject experience, qualifications, cost, and previous work experience. Kimley-Horn has worked nationally and throughout Southern California to envision and realize transit -oriented communities and development projects to improve safety, housing affordability, access to amenities and services, and better -quality livability.

Therefore, staff recommends that the City Council approve a Professional Services Agreement with Kimley-Horn to lead the preparation of the BG-TOC/ZCU to develop a grant -ready program of projects for mobility and City infrastructure improvements which is expected to be completed by January 31, 2026.

ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), Guidelines Section No. 15060(c)(3), PSA approval would be categorically exempt since organizational or administrative activities of governments that result in no direct or indirect physical changes in the environment are not considered projects.

CONCLUSION:

The BG-TOC/ZCU is necessary to align with regional goals of high -quality transit corridors and major transit stops in the City. A specific plan would enhance development and create additional opportunities for living, working, and shopping in a compact, mixed -use environment that contributes to reduced emissions and improved air quality. It is recommended that the City Council adopt the attached Resolution approving a Professional Services Agreement with Kimley-Horn and Associates, Inc. to prepare the BG-TOC/ZCU.

FISCAL IMPACT:

If approved, the executed professional services agreement would have no fiscal impact on City in that consultants and other authorized parties would be supported in full by the awarded Caltrans grant. The consulting services proposed to be provided by Kimley-Horn are expected to cost $355,295.34. No general budget appropriations are anticipated for the consulting or professional services involved in the development of the BG-TOC/ZCU.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-59
Exhibit 2 — Kimley-Horn and Associates, Inc. Professional Services Agreement APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 245

RESOLUTION NO. 2024-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS APPROVING A PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF BELL GARDENS AND KIMLEY-HORN AND ASSOCIATES, INC.

WHEREAS, the City of Bell Gardens ("City") requires City-wide consulting services for consultation on the preparation of the Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update;
WHEREAS, the City issued a Request for Proposals for the for the preparation of the Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update in accordance with the City's Purchasing Policies and State Law; WHEREAS, Kimley-Horn and Associates, Inc. represents that it is fully qualified to perform such professional services by virtue of its education, experience, training, and expertise; and
WHEREAS, the City desires to enter into a Professional Services Agreement with Kimley-Horn and Associates, Inc.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony, and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council approves a Professional Services Agreement with Kimley-Horn and Associates, Inc. and authorizes and directs the City Manager to execute the Professional Services Agreement attached as Exhibit 2 to the staff report.

SECTION 3. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.

SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the Professional Services Agreement, including any amendments, extensions, and other documents consistent with the Professional Services Agreement and this Resolution.

SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution, enter it into the book of original Resolutions, and it shall become effective immediately upon its approval.

Exhibit 1 246

Resolution No. 2024-59
PASSED, APPROVED AND ADOPTED this 12th day of August 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
[Signatures on the following page]
2 of 3
Exhibit 1 247

Resolution No. 2024-59
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on August 12, 2024, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
3 of 3
Exhibit 1 248

2024

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Transit Oriented Community Specific Plan and Zoning Code Update) (Parties: Kimley-Horn and Associates, Inc. and City of Bell Gardens) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2024 (hereinafter, the
"Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional consulting services to provide and implement an effective and comprehensive Transit Oriented Community Specific Plan and Zoning Code Update to (1) guide future land use development and transportation access for the disadvantaged community surrounding the Florence Avenue and Garfield Avenue corridors, (2) establish priority needs and feasible project options for implementing active transportation mode -shift in an otherwise vehicle -dominant community, and (3) allow for the City to implement equitable, complete first -last mile connections to neighborhoods, housing projects, transit, employment centers, schools, parks, and more; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

ENGAGEMENT TERMS

1.1 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled "Request for proposals for the Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update" (hereinafter, "CITY RFP") dated April 25, 2024, and the written proposal of CONSULTANT entitled "Proposal for the Bell Gardens Transit -Oriented Community Specific Plan and Zoning Code Update" (hereinafter, the "CONSULTANT Proposal") dated July 25, 2024. The CITY RFP and the 1 Exhibit 2 249

CONSULTANT Proposal are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.2 PROSECUTION OF WORK:

A. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY's issuance of a Notice to Proceed. CONSULTANT shall complete the various tasks identified in the Scope of Work within the timeframes set forth in the Scope of Work and shall complete all of the Work by or before January 31, 2026 (the "Completion Date");
B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT's employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with "Cost and Pricing" found in Section 5 of the CONSULTANT PROPOSAL. The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of THREE HUNDRED FIFTY-FIVE THOUSAND

TWO HUNDRED NINETY-FIVE DOLLARS AND THIRTY-FOUR CENTS
($355,295.34) (hereinafter, the "Not -to -Exceed Sum") during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT's charges are projected to exceed the Not - to -Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY approval of any anticipated expenditures in excess of the Not -to -Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
2 Exhibit 2 250

1.4 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT's compensation is a function of hours worked by CONSULTANT's personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVE: The CITY hereby designates Gustavo Romo, Deputy City Manager/Director of Community Development (hereinafter, the "City Representative") to act as its representative for the performance of this Agreement.

The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Adam Maleitzke, AICP, to act as its representative for the performance of this Agreement (hereinafter, "Consultant Representative"). Consultant Representative will have 3 Exhibit 2 251

full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, 4 Exhibit 2 252

certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT's profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
5 Exhibit 2 253

2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. 6 Exhibit 2 254

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim. 7 Exhibit 2 255

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems 8 Exhibit 2 256

necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein.

Notwithstanding the foregoing, to the extent CONSULTANT's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to either pay CITY promptly for any costs associated with CONSULTANT's obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT 9 Exhibit 2 257

expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

Bell Gardens City CouncilAugust 12, 2024

Bell Gardens City Council
August 12, 2024